#130 Philip Levine 03/09/2016 9, lb
1 : :2 WAR 1 2016 gco,c
FORM 8B 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 City of Miami Beach City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
1700 Convention Center Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY Gif CITY ❑COUNTY ❑OTHER LOCAL AGENCY
Miami Beach Miami-Dade NAME OF POLITICAL SUBDIVISION:
City of Miami Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS
March 9, 2016 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
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 on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording 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 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),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 on March 9, 2016 20 16
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
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
X inured to the special gain or loss of Purdy Partners 1787 LLC
which
is the pecenixsubsidiarypousibtingesgazizaticomosiskasiatievseaabaprirteepednuticbchawataireabmei limited liability company of which
I am one of three(3)owners/managers.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
See 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 in erest in such a way
as to provide the public with notice of the conflict.
Adf
Date File Sit at ,77
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31f, / FAILURE TI/ E ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ,�:+E OR MOREirTHE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMEN r% s EMOTION, RT► CTION 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)(f),F.A.C.
Attachment to Form 8B for Philip Levine -Disclosure of Local Officer's Interest
On March 9, 2016, the Miami Beach City Commission voted on a referral to the
City's Planning Boards of a proposed amendment to the City's land development
regulations concerning the City's Sunset Harbour Neighborhood. As drafted, the Code
amendment applies only to those properties within one square block of the Neighborhood,
which front Purdy Avenue by a minimum of 200 linear feet, and proposes to increase said
properties' maximum height from 50 feet to 90 feet, and decrease minimum setbacks
thereon. There is one property owner who is subject to the amendment because its property
exceeds the threshold 200+ square feet of property, and although I am one of three (3)
owners/managers of a limited liability company adjacent to this property owner, my
property is less than the subject 200 feet of frontage and does not qualify under the proposed
Code amendment for its increased height and reduced setback. Although I do not have a
voting conflict of interest under State ethics laws (see attached February 24, 2016 COE
opinion2), I nonetheless have decided, in light of the potential appearance of voting conflict,
to abstain from vote and/or participation on all City Commission actions relative to this
land use amendment, and have thus filed this conflict disclosure memorandum pursuant to
Florida Statute Section 286.012 and Miami Beach City Code Section 2-458(a)(2).
1 The City Commission voted to continue the matter for sixty(60)days.
2 COE is attached as Exhibit"A"herein.