§ 12-22. Election Campaign Financing Trust Fund.
(a)
Definitions. The following terms, as used in this section, shall mean:
(1)
"Contribution" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented.
(2)
"Expenditure" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented.
(3)
"Unincorporated association" means a partnership or any other legal entity other than a natural person.
(b)
Election Campaign Financing Trust Fund. There is established the Election Campaign Financing Trust Fund to be utilized by the Miami-Dade County Department of Elections as provided in this section. If necessary, each year in which a general election is to be held for the election of the Mayor or any County Commissioner, additional funds shall be transferred to the Election Campaign Financing Trust Fund from general revenues in an amount sufficient to fund qualifying candidates pursuant to this section.
(c)
Election campaign financing; eligibility. Each candidate for the Office of Mayor of Miami-Dade County or the Board of County Commissioners of Miami-Dade County who desires to receive contributions from the Election Campaign Financing Trust Fund (the "Fund") shall file an irrevocable declaration of intent to seek public financing no later than ninety (90) days after opening a campaign account, or thirty (30) days before the first day of qualifying, whichever shall come first. Each candidate for the Office of Mayor of Miami-Dade County or the Board of County Commissioners of Miami-Dade County who has filed a declaration of intent and has satisfied the eligibility requirements shall file an application by the filing deadline for such contributions with the filing officer on forms provided by the Miami-Dade County Supervisor of Elections. As used in this subsection, "filing deadline" shall be twenty (20) business days prior to the first day a candidate may qualify for the elective office sought. Each application for contributions from the Fund shall be signed by both the candidate and campaign treasurer under oath. If a candidate requesting contributions from the Fund desires to have such funds distributed by electronic fund transfers, the request shall include information necessary to implement that procedure. To be eligible to receive contributions from the Fund, a candidate shall not be an unopposed candidate and shall:
(1)
Sign a statement of understanding wherein the candidate states that he or she has read, understands and agrees to abide by Section 12-22 of the Code and the applicable Administrative Order regarding the Election Campaign Financing Trust Fund.
(2)
Qualify as a candidate pursuant to Chapter 99, Florida Statutes and section 2.04 of the Home Rule Charter;
(3)
Limit loans or contributions from the candidate's personal funds to twenty-five thousand dollars ($25,000.00), which loans or contributions shall not qualify for meeting the threshold amounts in subsection (c)(5);
(4)
Submit to audits of the campaign account by the Commission on Ethics and Public Trust as provided in subsection (f)(3); and
(5)
Raise contributions as follows:
a.
Candidates for Board of County Commissioners. Each candidate for the Board of County Commissioners shall have received by the filing deadline at least three hundred (300) separate contributions between one hundred dollars ($100.00) and five hundred dollars ($500.00) from three hundred (300) different qualified contributors totaling at least thirty thousand dollars ($30,000). As used in this subsection, a "qualified contributor" means a Miami-Dade County registered voter residing in the Commission district which the candidate is seeking to represent or a bank, corporation or unincorporated association with a place of business in the Commission district which the candidate is seeking to represent. As used herein, a "place of business" means a physical location in the applicable commission district where business is conducted as evidenced by an occupational license, a permit or license issued by a governmental entity, or income or property tax returns or notices. A post office box shall not constitute a place of business. Any candidate who satisfies the requirements stated in the preceding sentence shall be eligible for a contribution of fifty thousand dollars ($50,000) as provided in subsection (f)(3). Each candidate for the Board of County Commissioners who receives by the filing deadline an additional twenty thousand dollars ($20,000) in contributions between one hundred dollars ($100.00) and five hundred dollars ($500.00) for a total of fifty thousand dollars ($50,000) shall be eligible for a contribution of an additional twenty-five thousand dollars ($25,000) as provided in subsection (f)(3). These contributions must be in the form of:
1.
A personal check drawn on a personal bank account;
2.
A business check drawn on a corporate or other business bank account;
3.
Traveler's check that includes the contributor's full name and address; or
4.
Electronic transfer of funds where the full name of the contributor is clearly stated.
Notwithstanding the foregoing, each candidate for the Board of County Commissioners during the 2006 election cycle shall be required to satisfy all of the requirements of section 12-22 except that: (1) one hundred and fifty (150) of the three hundred (300) qualifying contributions shall come from qualified contributors as defined in this subsection (c)(5)a; and (2) the remaining one hundred and fifty (150) qualifying contributions shall come from qualified contributors as defined in subsection (c)(5)b who, in the case of registered voters, do not reside in the Commission district which the candidate is seeking to represent or, in the case of corporate contributors, do not have a place of business in the Commission district which the candidate is seeking to represent.
b.
Candidates for Mayor. Each candidate for Mayor of Miami-Dade County shall have received at least one thousand five hundred (1,500) contributions between one hundred dollars ($100.00) and five hundred dollars ($500.00) from one thousand five hundred (1,500) different qualified contributors. As used in this subsection, a "qualified contributor" means a Miami-Dade County registered voter residing in Miami-Dade County or a bank, corporation or unincorporated association (hereinafter "corporate contributor") with a place of business in Miami-Dade County. As used herein, a "place of business" means a physical location in Miami-Dade County where business is conducted as evidenced by an occupational license, a permit or license issued by a governmental entity, or income or property tax returns or notices. A post office box shall not constitute a place of business. These contributions must be in the form of:
1.
A personal check drawn on a personal bank account;
2.
A business check drawn on a corporate or other business bank account;
3.
Traveler's check that includes the contributor's full name and address; or
4.
Electronic transfer of funds where the full name of the contributor is clearly stated.
c.
Each individual contributor shall sign a contributor's statement on forms provided by the Supervisor of Elections that contains the full name, date of birth and voter registration number of the contributor. Each corporate contributor shall sign a contributor's statement on forms provided by the Supervisor of Elections that contains the full name of the business entity, the place of business of the entity and the full name and title of the person executing the business check.
d.
The maximum number of qualifying contributions that a candidate for the Board of County Commissioners may submit is three hundred and sixty (360). The maximum number of qualifying contributions that a candidate for the Office of Mayor may submit is one thousand eight hundred (1,800). All qualifying contributions shall be submitted at the time the candidate submits his or her application for funds. Each application for funds shall include, among other things, a hard copy of all contributions submitted in support of the application. Each application shall also be submitted on diskettes, CD-ROMs or other approved electronic means utilizing forms prescribed by the Department of Elections and shall include a detailed schedule of all contributions submitted in support of the application including, but not limited to, the name of the contributor, voter registration number if applicable, date of birth if applicable, address of the person or entity making the contribution, amount of contribution and nature of the contribution; and
(6)
Attend a seminar, along with the campaign treasurer, conducted by the Ethics Commission regarding state and local campaign financing laws which shall be completed prior to the receipt of contributions from the Fund.
(d)
Election campaign financing; participation in run-off; eligibility. Each candidate for the Office of Mayor of Miami-Dade County or the Board of County Commissioners of Miami-Dade County who is in a run-off election and did not participate in the Election Campaign Financing Trust Fund prior to the initial election as provided in subsection (c), and desires to receive contributions from the Election Campaign Financing Trust Fund during the run-off election shall file a request by the filing deadline for such contributions with the filing officer on forms provided by the Miami-Dade County Supervisor of Elections. As used in this subsection (d), "filing deadline" shall mean the third business day after the certification of the results of the initial election. If a candidate requesting contributions from the fund desires to have such funds distributed by electronic fund transfers, the request shall include information necessary to implement that procedure. To be eligible to receive contributions from the Fund during the run-off election, a candidate shall not be an unopposed candidate and shall:
(1)
Sign a statement of understanding wherein the candidate states that he or she has read, understands and agrees to abide by Section 12-22 of the Code and the applicable Administrative Order regarding the Election Campaign Financing Trust Fund.
(2)
Sign an affidavit stating that the candidate did not exceed the expenditure limits provided in section (e)(1) during the initial election;
(3)
Limit loans or contributions from the candidate's personal funds to twenty-five thousand dollars ($25,000); and
(4)
Submit to audits of the campaign account by the Commission on Ethics and Public Trust as provided in subsection (f)(3).
(5)
Attend a seminar, along with the campaign treasurer, conducted by the Ethics Commission regarding state and local campaign financing laws which shall be completed prior to the receipt of contributions from the Fund.
(e)
Expenditure limits.
(1)
Any candidate for Mayor or the Board of County Commissioners who requests contributions from the Election Campaign Financing Trust Fund shall limit his or her total expenditures during the initial election as follows:
a.
Mayor: Six hundred and fifty thousand dollars ($650,000.00).
b.
Board of County Commissioners: Two hundred thousand dollars ($200,000.00).
(2)
If a run-off election occurs, a candidate for Mayor may expend a total of four hundred and fifty thousand dollars ($450,000.00), and a candidate for the Board of County Commissioners may expend a total of one hundred and fifty thousand dollars ($150,000.00) during the run-off election.
(3)
Expenditure limits shall be adjusted by the Supervisor of Elections quadrennially to reflect the rate of inflation or deflation as indicated in the Consumer Price Index (CPI) calculated by the U.S. Department of Commerce as applied to Miami-Dade County. The first adjustment shall occur in 2005 using the CPI figures provided for the calendar year ended December 31, 2004. Adjustments shall be made thereafter on a quadrennial basis using the CPI figures provided for the calendar year preceding the year of adjustment.
(4)
For the purposes of this section, the term "expenditure" does not include the payment of compensation for legal and accounting services rendered on behalf of a candidate.
(5)
Any candidate who requests contributions from the Election Campaign Financing Trust Fund and subsequently exceeds the expenditure limit set forth in this section shall, within fifteen (15) days from the date the candidate exceeds the limit, pay to the Election Campaign Financing Trust Fund an amount equal to the excess expenditures. The total amount required to be paid under this section shall not exceed the total public financing received by the candidate. Such amount shall not be an allowable campaign expense and shall be paid from personal funds of the candidate.
(f)
Distribution of funds.
(1)
The Supervisor of Elections shall review each request for contributions from the Election Campaign Financing Trust Fund and certify whether the candidate is eligible for such contributions. Notice of the certification decision shall be provided to the candidate.
(2)
An adverse decision may be appealed to a hearing examiner. The Supervisor of Elections shall adopt rules providing a procedure for such appeals. Hearing examiners shall be selected from a panel of retired judges who have served ten (10) or more years as Circuit Judges in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Hearing examiners may be selected from alternate sources where the County Attorney recommends in writing that such action is necessary to achieve greater diversity. Appeals shall be filed with the Clerk of the Board and to the County Attorney within ten (10) days of the filing of the Supervisor of Election's decision. Such appeal shall be in writing, shall state the particular grounds on which it is based, shall include all pertinent documents and evidence and shall be accompanied by a bond in the amount of five hundred dollars ($500.00) in a form and with a surety acceptable to the Supervisor of Elections. Any grounds not stated shall be deemed waived. Such bond shall be retained by the Clerk of the Board and shall be returned at the conclusion of the appeal proceedings unless the hearing examiner imposes costs against the appellant and such costs are not separately paid by the appellant within fourteen (14) calendar days of the hearing examiner's decision. The Clerk of the Board shall refer an appeal to a hearing examiner within three (3) business days of receipt of the notice of appeal. The hearing examiner shall hear the appeal within three (3) business days unless otherwise agreed to by the appellant. The decision of the hearing examiner shall be final unless appealed. The decision of the hearing examiner may be appealed pursuant to the Florida Rules of Appellate Procedure.
(3)
a.
Each candidate who has been certified to receive contributions from the Election Campaign Financing Trust Fund shall be entitled to distribution of funds as provided as follows:
1.
Each candidate for the Board of County Commissioners who has satisfied the requirements of subsection (c) shall be entitled to a maximum contribution of seventy-five thousand dollars ($75,000.00) from the Election Campaign Trust Fund. Any candidate who has raised between thirty thousand dollars ($30,000) and forty-nine thousand nine hundred and ninety nine dollars ($49,999) and has complied with all of the requirements of subsection (c) shall be entitled to a contribution of fifty thousand dollars ($50,000). Any candidate who has raised fifty thousand dollars ($50,000) or more and has complied with all of the requirements of subsection (c) shall be entitled to a contribution of seventy-five thousand dollars ($75,000), which sum shall be disbursed in two (2) installments. The first installment shall be fifty thousand dollars ($50,000) and shall be disbursed within seven (7) days after the Supervisor of Elections has certified that the candidate is eligible for such contribution. The second installment shall be disbursed within seven (7) days after the candidate has submitted his or her 32nd day report, as required by section 106.07, Florida Statutes, and the Supervisor of Elections has determined that the candidate has submitted an additional report which contains sufficient information to allow for the audit of campaign contributions and expenditures ("Campaign Financing Report"). Both the candidate and the candidate's treasurer shall sign each Campaign Financing Report. If a run-off election occurs, a candidate who has satisfied the requirements of subsections (c) or (d) and subsection (e) and has submitted a Campaign Financing Report which contains sufficient information to allow for the audit of campaign contributions and expenditures shall be entitled to fifty thousand dollars ($50,000.00). Distribution of funds during a run-off election shall be made within seven (7) days after the Supervisor of Elections has certified that the candidate is eligible for such contribution. Notwithstanding the foregoing, a candidate shall not be entitled to a distribution from the fund which, when combined with the funds raised by the candidate, would exceed the applicable expenditure limit. Under such circumstances, the candidate shall only be eligible for an amount which, when combined with the funds raised by the candidate, equals the applicable expenditure limit. Both the candidate and the candidate's treasurer shall sign each Campaign Financing Report. Each candidate receiving contributions from the Fund shall submit to a post-election audit of his or her campaign account, and shall within ninety (90) days after the election provide the Commission on Ethics and Public Trust with detailed information to substantiate all campaign contributions and expenditures, which have not been previously substantiated, including, but not limited to, all original cancelled checks, invoices, bank statements, receipts that include the name and business address of the person or entity providing the receipt copies of contracts for consulting services, a breakdown of dates and hours of work provided by campaign staff, copies of 1099s and any other information required by the Commission on Ethics and Public Trust.
2.
Each candidate for the Office of Mayor who has satisfied the requirements of subsection (c) shall be entitled to a contribution of three hundred thousand dollars ($300,000.00) from the Election Campaign Trust Fund. If a run-off election occurs, a candidate who has satisfied the requirements of subsections (c) or (d) and section (e) shall be entitled to two hundred thousand dollars ($200,000.00). Notwithstanding the foregoing, a candidate shall not be entitled to a distribution from the fund which, when combined with the funds raised by the candidate, would exceed the applicable expenditure limit. Under such circumstances, the candidate shall only be eligible for an amount which, when combined with the funds raised by the candidate, equals the applicable expenditure limit. Distribution of funds shall be made within seven (7) days after the Supervisor of Elections has certified that the candidate is eligible for such contributions. For run-off elections, distribution of funds shall be within seven (7) days from the date of the initial election. Each candidate receiving contributions from the Fund shall submit to a post-election audit of his or her campaign account, and shall within ninety (90) days after the election provide the Commission on Ethics and Public Trust with detailed information to substantiate all campaign contributions and expenditures, which have not been previously substantiated, including, but not limited to, all original cancelled checks, invoices, bank statements, receipts that include the name and business address of the person or entity providing the receipt copies of contracts for consulting services, a breakdown of dates and hours of work provided by campaign staff, copies of 1099s and any other information required by the Commission on Ethics and Public Trust.
(4)
a.
Certification and distribution of funds shall be based upon the eligibility criteria provided in this section. Prior to certifying whether a candidate is eligible for contributions from the Fund, the Inspector General shall perform an independent investigation to determine whether the candidate has satisfied the eligibility requirements of this section. Upon completion of the investigation, the Inspector General shall submit to the Supervisor of Elections a report detailing his or her findings. The Supervisor of Elections shall review each report prior to authorizing the release of funds. The Supervisor of Elections may prescribe separate reporting forms for candidates for Mayor and the Board of County Commissioners.
b.
A candidate who is eligible for a distribution of funds based upon qualifying contributions received and certified to the Supervisor of Elections as provided in this section, may obligate funds not to exceed the amount which the campaign treasurer's report shows the candidate is eligible to receive from the Election Campaign Financing Trust Fund without the funds actually being on deposit in the campaign account.
c.
All funds received by a candidate from the Fund shall be deposited in a sub-account, with separate checks, in the candidate's primary campaign depository as defined in section 106.021, Florida Statutes. All expenditures from the sub-account shall be subject to the expenditures requirements and limitations on the use of funds as provided in this section.
(5)
The Supervisor of Elections shall adopt rules relating to, among things, reports including, but not limited to, Campaign Financing Reports, and the certification and distribution of funds required by this section. Such rules shall, at a minimum, provide for specifications for printed campaign treasurer's reports outlining the format for such reports, including size of paper, typeface, color of print, and placement of required information on the form.
(6)
Any candidate required to dispose of surplus funds pursuant to Section 106.141, Florida Statutes, who has received contributions from the Election Campaign Financing Trust Fund shall, except as provided in this subsection, return all surplus campaign funds to the Election Campaign Financing Trust Fund. Any surplus funds in excess of the amount contributed to the candidate by the Election Campaign Financing Trust Fund shall be disposed of as provided in Section 106.141, Florida Statutes.
(g)
Use of Funds. Funds distributed to a candidate from the Fund shall not be used for the following expenditures: (i) clothing for a candidate or an immediate family member of the candidate, with the exception of clothing that is a political advertisement as defined in section 106.001(17), Florida Statutes; (ii) the purchase or rental of any vehicle for a candidate; (iii) the enhancement of any vehicle owned by a candidate or an immediate family member of the candidate; (iv) personal grooming or cosmetic enhancements for a candidate; (v) payment to a candidate or an immediate family member of the candidate for the purchase of any goods or services; and (vii) payment to any corporation, firm, partnership, or business entity owned or controlled by a candidate or an immediate family member of the candidate for the purchase of any goods or services. As used herein, "immediate family member" shall refer to the spouse, parents, children and siblings of the candidate. As used herein, "controlled by" shall mean ownership, directly or indirectly, of five (5) percent or more of the outstanding capital stock in any corporation or direct or indirect interest of five (5) percent or more in a firm, partnership, or other business entity.
(h)
Candidates voluntarily abiding by election campaign financing limits but not requesting public funds; irrevocable statement required. Not later than qualifying for office, each candidate for the Office of Mayor or the Board of County Commissioners who has not made a request to receive contributions from the Election Campaign Financing Trust Fund, but who wishes to voluntarily abide by the applicable expenditure limit set forth in subsection (e) and the loan or contribution limits on personal funds set forth in subsection (c)(3), shall file an irrevocable statement to that effect with the Supervisor of Elections. Any candidate who files such a statement and subsequently exceeds such limits shall, within fifteen (15) days from the date the candidate exceeds the limits, pay to the Election Campaign Trust Fund an amount equal to the amount of the excess expenditures and/or the amount of the excess personal contributions or loans. Such an amount shall not be an allowable campaign expense and shall be paid from the personal funds of the candidate.
(i)
Trigger Reporting and Notice of Intention Not to Participate.
(1)
Trigger Reporting. Whenever a candidate for Mayor or the Board of County Commissioners who has elected to participate in election campaign financing under the provisions of this section receives contributions or makes expenditures that exceed 100 percent of the applicable expenditure ceiling provided in subsection (e), the candidate shall, within 24 hours of reaching that level, file a report with the Supervisor of Elections, on forms to be provided by the Supervisor of Elections, stating that fact and any additional information required by the Supervisor of Elections. All reports required by subsection (i) shall be filed on diskettes, CD-ROMs or other approved electronic means simultaneously with and in addition to an original signed report as required by section 12.17 of the Code. The Supervisor of Elections shall electronically post the reports required by subsection (i) as provided in section 12.18 of the Code.
(2)
Notice of Intention Not to Participate. Whenever a candidate for Mayor or the Board of County Commissioners elects not to participate in election campaign financing under the provisions of this section, the candidate shall file a Notice of Intention Not to Participate in Campaign Financing ("Notice of Intention") by the filing deadline with the Supervisor of Elections on forms to be provided by the Supervisor of Elections. As used in this subsection (i), "filing deadline" shall mean the last day upon which a candidate may qualify for the elective office sought. For the purposes of this section, a contribution shall not be considered to be received if it is not negotiated, deposited, or utilized, and it is returned to the donor within seventy-two (72) hours of receipt.
(j)
Enforcement and Penalties.
(1)
Enforcement by the Ethics Commission. The Ethics Commission shall be empowered to review, interpret, render advisory opinions and letters of instruction and enforce section 12-22 of the Code. In addition to any other penalties which may be applicable, a finding by the Ethics Commission that a person has violated subsections (c), (d), (e), (f), (g) or (i) shall subject said person to an admonition or public reprimand and/or a fine of two hundred fifty dollars ($250.00) for the first such violation and five hundred dollars ($500.00) for each subsequent violation. The Ethics Commission may also order a person to pay restitution when the person or a third party has received a pecuniary benefit as a result of the person's violation. The procedure for determining restitution shall be governed by an administrative order adopted by the County Commission and rules of procedure promulgated by the Ethics Commission.
(2)
Prosecution by the State Attorney in State Court. In addition to any other penalties which may be applicable, any individual who violates subsections (c), (d), (e), (f), (g) or (i) shall be subject to a fine up to five thousand dollars ($5,000.00) or imprisonment not to exceed three hundred sixty-four (364) days, or both.
(3)
Action for injunctive and other appropriate relief. In the event that contributions from the Fund have been improperly distributed to a candidate, the State Attorney or Inspector General shall be empowered to seek appropriate relief including, but not limited to, injunctive relief, costs and restitution in a court of competent jurisdiction.
(4)
Any person who has pled guilty, pled nolo contendere, been found guilty or been convicted of a violation of subsections (e), (f), (g) or (i) as provided in subsections (j)(1) or (j)(2) or of any offense arising out of or relating to the distribution of funds to a candidate shall be barred from receiving funds from the Fund for a period of eight (8) years. A candidate shall also be barred from receiving contributions from the Fund for a period of eight (8) years if a volunteer, agent or employee over whom the candidate has control has pled guilty, pled nolo contendere, been found guilty or been convicted of a violation of subsections (e), (f), (g) or (i) as provided in subsections (j)(1) or (j)(2) or of any offense arising out of or relating to the distribution of funds to a candidate. The term "control" as used in the preceding sentence shall mean the power to prevent a violation from occurring.
(Ord. No. 01-39, § 2—11, 3-8-01; Ord. No. 02-22, § 1, 2-12-02; Ord. No. 02-98, § 1, 6-18-02; Ord. No. 02-127, § 1, 7-23-02; Ord. No. 04-91, § 1, 5-11-04; Ord. No. 04-204, § 1, 12-2-04; Ord. No. 05-215, § 1, 12-6-05)
Editor's note
Ord. No. 01-39, §§ 2—11, adopted March 8, 2001, did not specifically amend the Code. Hence its inclusion as section 12-22 was at the discretion of the editor.