The City's code section 2.16 provides a campaign contribution limit of $250.00, which is now in conflict with Florida Statute 106.08 modified by SB1890, that expressly preempts municipalities to enact or adopt contribution limits that differ from the limitations established in subsection (1) of FS106.08, limit at $1,000 for municipal candidates. Additionally, any existing or future limitation, or restriction enacted or adopted by a municipality that conflicts with the subsection, is void.
Section 2. Chapter 2 Entitled “Administration”, Article I, Section 2-16 entitled “Campaign contributions” is hereby deleted as follows:
Secs. 2-16. Campaign contributions.
(a) Definitions. For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. Words not defined herein shall be defined in accordance with state and federal law or otherwise shall be given their common and ordinary meaning, unless the context clearly provides otherwise.
(1) Candidate shall have the meaning given to such term in F.S. Ch. 106, as amended from time to time.
(2) Contribution shall have the meaning given to such term in F.S. Ch. 106, as amended from time to time. An independent expenditure, as that term is defined in F.S. Ch. 106, is not included within the meaning of contribution.
(3) Person shall have the meaning given to such term in F.S. Ch. 106, as amended from time to time.
(4) Political committee shall have the meaning given to such term in F.S. Ch. 106, as amended from time to time.
(5) Unopposed candidate shall have the meaning given to such term in F.S. § 106.011(15), as amended from time to time.
(b) Limitation on contributions.
(1) It shall be unlawful for any person or political committee, either directly or indirectly, to make contributions to any candidate with respect to any election for the office of city commissioner, which, in the aggregate, exceed two hundred fifty dollars ($250.00).
(2) It shall be unlawful for any candidate or other person to knowingly accept or receive any campaign contribution prohibited by this section.
(3) The contribution limitations of this section apply to each election conducted to fill a particular office. Each primary, special, and general election are separate elections provided a candidate is not an unopposed candidate.
(c) Penalties. Any person who violates, permits to be violated, or causes to be violated any provision of this section shall, upon such a finding by a court of competent jurisdiction, be assessed a civil fine in an amount not to exceed five hundred dollars ($500.00) per violation.