Discussion of Campaign Finance
Recommendations
From the Final Report of the
Task Force on Ethics & Campaign Finance
Reform
Presented by Thomas B. Drage, Jr.
County Attorney
Discussion Outline
 Introduction
 Task Force recommendations
 Legal issues/other jurisdictions
 Implementation options
 Board direction
Discussion Outline
 Introduction
 Task Force recommendations
 Legal issues/other jurisdictions
 Implementation options
 Board direction
Introduction
The Task Force on Ethics and Campaign Finance
Reform met from March to November of 2007.
The Task Force presented its Final Report to the BCC
on January 29, 2008.
20 recommendations are contained in the Final
Report --- 16 recommendations on ethics
-- 4 recommendations on campaign finance
Introduction
On January 29 the BCC requested the County
Attorney evaluate the campaign finance
recommendations for BCC discussion prior to the
start of the 2008 Florida Legislative session.
The first day of Legislative session is Monday March
4, 2008.
House bill drafting deadline was January 25, 2008.
Discussion Outline
 Introduction
 Task Force recommendations
 Legal issues/other jurisdictions
 Implementation options
 Board direction
Recommendations
TF Recommendation #1 – moving up dates.
The County seek legislation to require local campaign
finance reports be filed six days prior to an election.
The County seek legislation to ban local acceptance of
contributions seven days before the election.
Recommendations
TF Recommendation #2 – requiring electronic reports.
The County require that campaign finance reports of
candidates for Mayor and the BCC be filed
electronically with the Orange County Supervisor of
Elections and be accessible on the Supervisor’s web
site.
Recommendations
TF Recommendation #3 – requiring corporate disclosure
when contributing to campaigns.
The County require disclosure by the contributor and
candidate of greater than 25% ownership interest
when a contribution is made to a candidate for Mayor
or BCC by someone other than a natural person (e.g.,
corporation, LLC, limited partnership).
Recommendations
TF Recommendation #4 – contribution ban during black
out period.
The County bar candidates for Mayor and County
Commission from accepting contributions from any
person who has a bid or proposal pending in
response to such a solicitation by the County.
Discussion Outline
 Introduction
 Task Force recommendations
 Legal issues/other jurisdictions
 Implementation options
 Board direction
Legal Issues/Other
Jurisdictions
State Law –
A recent Court of Appeal held that the Florida
Election Code impliedly preempts County authority
to regulate in this area of law.
Browning v. Sarasota Alliance for Fair Elections,
968 So.2d 637 (Fla. 2nd DCA 2007)
See chapters 97-106, Florida Statutes
Legal Issues/Other
Jurisdictions
Miami-Dade – A Constitutional Charter County
1996 – Ethics Commission created by Charter
amendment.
1998 – BCC adopted ordinance establishing a local
ban on corporate contributions.
2000 – BCC adopted ordinance establishing a cap on
contributions (at $250).
2005 – BCC repealed corporate ban and contribution
restrictions as a matter of policy.
Legal Issues/Other
Jurisdictions
Sarasota County – Home Rule Approach
1990 – voters passed a charter amendment giving
BCC authority to limit contribution amount and
provide for reduced contribution amounts.
1991– BCC adopted an ordinance to implement these
provisions.
Legal Issues/Other
Jurisdictions
Sarasota County – Home Rule Approach
1998 -- Sarasota ordinance challenged.
1999 – 12th circuit court ruled the ordinance
unconstitutional except as to contribution
limitations.
Ciaravella v. Board of County Commissioners, Case No. 99-420-1 CA (Fla. 12th Cir. Ct.,
Sept. 10, 1999).
Legal Issues/Other
Jurisdictions
Sarasota County – recent case
Sarasota Alliance for Fair Elections (SAFE) sponsored
successful charter amendment setting forth
detailed election requirements.
Aug. 2006 – BCC filed a declaratory judgment action
Sept. 2006 - trial court ordered question to be placed
on the ballot.
Nov. 2006 – electorate approved the proposed
amendment.
Browning v. Sarasota Alliance for Fair Elections,
968 So.2d 637 (Fla. 2nd DCA 2007)
Legal Issues/Other
Jurisdictions
Sarasota County – recent case
Oct. 2007 – Second DCA held the language of the
amendment to be contradictory to the express
provisions of law and to be impliedly preempted by
the pervasiveness of the Florida Election Code.
Case has been accepted for review by the Florida
Supreme Court.
Browning v. Sarasota Alliance for Fair Elections,
968 So.2d 637 (Fla. 2nd DCA 2007)
Legal Issues/Other
Jurisdictions
Alachua County -- Special Act Approach
2001 - BCC appointed a Campaign Finance Reform
Advisory Board.
2002- County obtained a Special Act to implement
campaign finance changes locally.
2004 – voters adopted a Charter Amendment
providing for earlier reporting requirements,
electronic reporting, and reduced campaign
contribution amounts.
Legal Issues/Other
Jurisdictions
Requirements for a Special Act –
 Separately filed bill requires:
 30 days notice or
 approval by a vote of the electors.
Art. III, s. 10, Fla. Const.
Section 11.02, F.S.
Discussion Outline
 Introduction
 Task Force recommendations
 Legal issues/other jurisdictions
 Implementation options
 Board direction
Implementation Options
 Amend County Code
 applicable only to County Commission candidates
 Special Act
 applicable only to County Commission candidates
 Special Act with Charter Amendment
 applicable only to County Commission and municipal
candidates
 Amend General Law
 applicable statewide
Implementation Options
Recommendation #1 -- Moving up dates.
Dates specified in current law - Local candidates file a final report four days prior
to the election date.
 Local candidates return contributions when
received less than five days prior to the election
date.
Implementation Options
Recommendation 1 – Moving up dates.
Option
Available?
Amend County Code
Authority by Special
Act
√
Authority by Special
Act followed by charter
amendment
√
Amend General Law
(Florida Election Code)
√
Implementation Options
Recommendation #2 – Requiring electronic reports.
Florida law currently requires campaign finance reports
of local (County) candidates be filed with the
Orange County Supervisor of Elections.
Chapter 106 does not specify the format in which the
local reports must be filed.
Currently in Orange County some local candidate’s
reports are filed in hard copy but most are filed
electronically.
Implementation Options
Recommendation 2 – Requiring electronic
reports.
Option
Available?
Amend County Code
Authority by Special
Act
√
Authority by Special
Act followed by charter
amendment
√
Amend General Law
(Florida Election Code)
√
Implementation Options
Recommendation #3 – Requiring corporate disclosure when
contributing to campaigns.
 “Person” is defined in Florida Statutes to include
corporations and limited liability corporations.

Chapters 607 and 617, FS, limit the disclosure of corporate
ownership beyond recognized corporate purposes.

Chapter 608, FS, allows manager of a limited liability
company discretion to keep confidential any information
about the LLC which the manager believes should not be
released or which by law or agreement cannot be
released.
Implementation Options
Recommendation 3 – Requiring corporate disclosure
when contributing to campaigns.
Option
Available?
Amend County Code
Authority by Special
Act
Authority by Special
Act followed by charter
amendment
Amend General Law
(campaign finance and
corporate disclosure
laws)
√
Implementation Options
Recommendation #4 –Contributions ban during black out
period.
County Code currently has a black out period for contact
while a bid or proposal is pending.
Amending County Code to disallow contributions during
this pending period will place the responsibility on the
contributor and not on the candidate.
Implementation Options
Recommendation 4 – Contribution ban during black out
period.
Option
Amend County Code
Authority by Special
Act
Authority by Special
Act followed by charter
amendment
Amend General Law
Available?
√
Discussion Outline
 Introduction
 Task Force recommendations
 Legal issues/other jurisdictions
 Implementation options
 Board direction
Board Direction
Recommendation 1 – Moving up dates.
Option
Available?
Amend County Code
Authority by Special
Act
√
Authority by Special
Act followed by charter
amendment
√
Amend General Law
(Florida Election Code)
√
Board Direction
Recommendation 2 – Requiring electronic
reports.
Option
Available?
Amend County Code
Authority by Special
Act
√
Authority by Special
Act followed by charter
amendment
√
Amend General Law
(Florida Election Code)
√
Board Direction
Recommendation 3 – Requiring corporate disclosure
when contribution is made.
Option
Available?
Amend County Code
Authority by Special
Act
Authority by Special
Act followed by charter
amendment
Amend General Law
(campaign finance and
corporate disclosure
laws)
√
Board Direction
Recommendation 4 – Contribution ban during black out
period.
Option
Amend County Code
Authority by Special
Act
Authority by Special
Act followed by charter
amendment
Amend General Law
Available?
√
Discussion of Campaign Finance
Recommendations
From the Final Report of the
Task Force on Ethics & Campaign Finance
Reform
Presented by Thomas B. Drage, Jr.
County Attorney
Legal Issues/Other
Jurisdictions
Constitutional limitations on a Special Act –
“There shall be no special law or general law of local
application pertaining to:
election, jurisdiction or duties of officers, except
officers of municipalities, chartered counties,
special districts or local governmental agencies;”
Art. III, s. 11(a)(1), Fla. Const.