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107 Philip Levine 7/30/2014 Item R9J FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE LEVINE, Philip Miami Beach City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1425 North View Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY Rf CITY ❑COUNTY ❑OTHER LOCAL AGENCY Miami Beach Miami-Dade NAME OF POLITICAL SUBDIVISION: City of Miami Beach, Florida DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,council, commission,authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you'hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent,subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure oftr-which°:ypu are abstaining from voting; and _ - WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible forzrecordip g the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 86-EFF. 11/2013 A�B 4. 21,01,4 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Philip Levine ,hereby disclose that or, o 3 2L (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; **(see P.2, attached) inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: I am a partner in the ownership of Royal Media Partners, LLC. I was recently made aware that Shinola is an advertising client in Royal Media Partners'Port Shopping Brand Program which includes print advertising in three Royal Caribbean Cruises, Ltd. in-stateroom magazines, a brand listing on Port Shopping maps, digital listing on Port Shopping website and app, and brand video on in-stateroom television. I did not have this information on April 23, 2014,when I placed an item regarding a proposed donation of clocks by Shinola to the City,for placement on public property. At that time, however, no formal action was taken by the City Commission other than to reach out to Shinola and come back to the City Commission with a proposal. The subject measure which came before the City Commission on June 11, 2014,was a ministerial matter which only referred (i.e. transmitted)Shinola's proposed donation of clocks to the City, for placement on public property, for discussion by the City's Land Use and Development Committee(LUDC). No discussion was held at the City Commission meeting, nor was any other action taken by the City Commission (with regard to Shinola or its proposed donation), other than to refer the matter to the LUDC for further discussion. (cont'd on pg 2, attached) If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 4 2014 Date Filed Signat e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A F I RED MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE MOB OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION - EDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. AUG 4, 2014 L FORM 8D MEMORANDUM OF VOTING CONFLICT FOR UNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE LEVINE, Philip Miami Beach City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1425 North View Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY IV CITY D COUNTY D OTHER LOCAL AGENCY Miami Beach Miami-Dade NAME OF POLITICAL SUBDIVISION: City of Miami Beach, Florida DATE ON WHICH VOTE OCCURRED ON IS: O""2-v2 m a v/ ['f ELECTIVE D APPOINTIVE CONTINUED PAGE 2 Notwithstanding, and acting on the advice of the City Attorney, I was advised to err on the side of caution; abstain from participating and voting on the referral item; and file the subject voting conflict. ** It is my belief that any special benefit or gain, either to me or to my company, based upon either the 4/23/14 or 6/11/14 measure, or.resulting from a donation of Shinola clocks.to the City, is remote and, at best, speculative. However, in the interest of full transparency and disclosure, I have checked off the above box. JJ{ zV7 !4 1- �AV 10 z