(a) Definitions.
(1) Express advocacy. A communication to the general public by means of any broadcast, cable, satellite, newspaper, magazine, outdoor advertising facility, mass mailing, the Internet, or telephone bank, or any other form of general public political advertising, that in express terms advocates the election or defeat of a clearly identified candidate for elective office or the approval or disapproval of a clearly identified ballot issue; provided, however, that with respect to the Internet, a communication will be deemed to be express advocacy only if it constitutes the creation or dissemination of a message on a computer information system accessible by more than one (1) person but excluding internal communications of a campaign or of any group.
(2) Express advocacy organization (EAO). A person, as defined in section 4 other than an individual, that engages in express advocacy or the functional equivalent of express advocacy.
(3) Functional equivalent of express advocacy. A communication to the general public by means of any broadcast, cable, satellite, newspaper, magazine, outdoor advertising facility, mass mailing, the Internet, or telephone bank, or any other form of general public political advertising, made within sixty (60) days of an election that is susceptible of no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate for an office or issue on the ballot in such election.
(4) Person. The word "person" includes individuals and associations of individuals, whether constituting legal entities or not, and business entities of whatever form, whether constituting legal entities or not, and including, but not limited to, corporations, partnerships, sole proprietorships, associations, joint ventures, estates, trusts, business trusts, syndicates, and fiduciaries and other business entity authorized to do business in the State of Florida, any other state or any foreign country.
(b) Limitation on contributions. It is unlawful for any individual to make a contribution in excess of five hundred dollars ($500.00), either directly, indirectly or through a political committee, to any candidate. Furthermore, it is unlawful for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section. The contribution limits of this section apply to each election.
(c) Contributions prohibited. It is unlawful for any person as defined in section (a)(4), other than an individual, to make a contribution in connection with the election of any candidate. Furthermore, it is unlawful for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or for any officer or any director of any such entity to consent to any contribution prohibited by this section.
(d) Reports: certification and filing.
(1) Each campaign treasurer designated by a candidate pursuant to State law shall file regular reports, as provided by law, of all contributions received, and all expenditures made, by or on behalf of such candidate or political committee.
(2) When engaged in express advocacy, or the functional equivalent of express advocacy, as defined in this section, relating to any campaign for election to the office of mayor or city commissioner of the city or any campaign for approval or disapproval of an issue to appear on the ballot in which only city electors are eligible to vote, an EAO shall file, as provided by law, regular reports of all contributions received, and all expenditures made, in furtherance of such express advocacy or such functional equivalent of express advocacy.
(3) Following the last day of qualifying for office, the reports of all contributions received, and all expenditures made, by (i) a candidate who is seeking election to the office of mayor or city commissioner of the city, (ii) a political committee, or (iii) an EAO, when engaged in express advocacy or the functional equivalent of express advocacy, as defined in this section, relating to any campaign for election to the office of mayor or city commissioner of the city or any campaign for approval or disapproval of an issue to appear on the ballot in which only city electors are eligible to vote, shall be filed as provided by law. The acceptance of contributions immediately preceding the election shall be in accordance with applicable law.
(4) When an election is called for an issue to appear on the ballot at a time when no candidates are scheduled to appear on that same ballot, all political committees and EAOs making contributions or expenditures in support of or in opposition to such issue shall file reports as provided by law. The acceptance of contributions immediately preceding the election shall be in accordance with applicable law.
(e) Applicability. The provisions of this section 3.12 shall be applicable to all campaigns for election to the office of mayor of Hollywood, to all campaigns for election to the office of city commissioner of Hollywood, and to all elections called for an issue to appear on the ballot in which only City of Hollywood electors are eligible to vote.
(f) Penalties. Any person who violates any of the provisions of section 3.12 (b), (c) or (d) shall be subject to a fine in an amount not to exceed five hundred dollars ($500.00), imprisonment for a period not to exceed sixty (60) days, or both.
(Ord. O-2010-19, passed 6-2-10; Am. Ord. O-2018-04, passed 11-6-18)