§ 10-72. Notice of independent spender status.

(a)

Timing. Once a person has qualified as independent spender for a covered election pursuant to section 10-71, that person shall provide notice of its status as independent spender for that covered election by doing one of the following, no later than the date of filing its first independent spending report for a covered election: (i) file the information described in this section 10-72 with the City Clerk; or (ii) affirm that information filed with the City Clerk pursuant to this section 10-72 for a previous covered election remains a complete and accurate disclosure of the information currently required by this section 10-72.

(b)

Statement of organization. If, pursuant to F.S. § 106.03, an independent spender is required to file a statement of organization with the division, the supervisor of elections, or any election officer in the state other than the City Clerk, that independent spender shall, at its discretion, file with the City Clerk either (i) a copy of that statement of organization or (ii) the name of the election official with whom that statement of organization is filed.

(c)

Information in lieu of statement of organization. If an independent spender is not required to file a statement of organization directly with the City Clerk pursuant to F.S. § 106.03 or file information related to a statement of organization filed elsewhere pursuant to subsection (b), that independent spender shall instead file the following information with the City Clerk in lieu of a statement of organization:

(1)

The name, mailing address, street address, telephone number, and e-mail address of the independent spender.

(2)

If the independent spender is an individual, (i) the independent spender's occupation and (ii) the name, mailing address, street address, telephone number, and e-mail address of the independent spender's employer.

(3)

If the independent spender is an entity, the name, mailing address, street address, and relationship of any organization affiliated with or connected to the independent spender.

(4)

If the independent spender is an entity and has a custodian of books and accounts or other individual officially responsible for the entity's recordkeeping, the name, mailing address, street address, telephone number, and e-mail address of that individual.

(5)

If the independent spender is an entity and has any principal officers or other individuals who are officially responsible for the operation and control of the entity, the name, mailing address, street address, telephone number, and e-mail address of each such individual.

(6)

The name, address, office sought, and party affiliation of any candidate the independent spender is supporting or opposing, as well as an indication of support or opposition for that candidate.

(7)

Any ballot question the independent spender is supporting or opposing, as well as an indication of support or opposition for that ballot question.

(8)

If the independent spender is supporting all candidates from a particular party, a statement to that effect and the name of the applicable party.

(d)

Relationship with City. An independent spender shall provide the following information about itself to the City Clerk as part of the notice requirement established by this section:

(1)

Whether the independent spender or an entity owned by, controlled by, or affiliated with that independent spender either (i) has a current contract with the City for the provision of goods or services valued in excess of $5,000.00 or (ii) expects to bid, within the following 12 months, on any contract with the City for the provision of goods or services valued in excess of $5,000.00.

(2)

Whether the independent spender or an entity owned by, controlled by, or affiliated with that independent spender is a lobbyist or a lobbying firm with respect to the City under F.S. §§ 11.045, 112.3215.

(e)

Corporate information. An independent spender that is an entity shall provide the following information to the City Clerk as part of the notice requirement established by this section:

(1)

The URL for the entity's website, if any.

(2)

The type of entity (e.g., corporation, LLC, etc.) and the state of formation, if any.

(3)

The tax-exempt status of the entity.

(4)

Whether the entity is a foreign-influenced business entity.

(5)

The name of any principal owner of the entity.

(6)

The name of each officer, board member, or equivalent for the entity.

(7)

The name, mailing address, street address, telephone number, and e-mail address of at least one individual in charge of making decisions regarding covered spending for the entity.

(8)

The name, mailing address, street address, telephone number, and e-mail address of the agent for service of process in Florida for the entity.

(9)

The name, mailing address, street address, telephone number, and e-mail address of the person filing the notice on behalf of the entity.

(f)

Certification. The person filing information with the City Clerk pursuant to this section shall certify as to the correctness of that information; and each person so certifying shall bear the responsibility for the accuracy and veracity of that information. To the fullest extent possible under applicable law, this certification is deemed to be an oath or affirmation in connection with and arising out of an election pursuant to F.S. § 104.011.

(Ord. No. 306-H, § 4, 11-9-2017)