#133 Michael Grieco 10/19/2016 133 k5-0
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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
Grieco Michael City of Miami Beach City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
1700 Convention Center Drive-4th Floor WHICH I SERVE IS A UNIT OF:
CITY COUNTY gore ❑COUNTY ❑OTHER LOCAL A ENCY
Miami Beach Miami-Dade NAME OF POLITICAL SUBDIVISION: _ CY-
DATE ON WHICH VOTE OCCURRED
October 19, 2016 MY POSITION IS d ELECTIVE ❑ APPOINTIVE +I
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 votirig 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(CRAB) 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.
• r • • r • • . • • • • r e e e
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)
CEFORM 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
Michael Grieco hereby disclose that on October 19 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, ,
—
on
ured to the special gain or loss of my relative,
•
0. ured to the special gain or loss of See nature of the interest in (b). §112.3143(5), (Fla. Stat.). 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:
Item R5U on the October 19, 2016 Miami Beach City Commission meeting agenda was a First Reading Public
Hearing of an Ordinance to establish a temporary building and zoning moratorium for 180 days on the
acceptance, review, approval, or issuance of land development permits, business tax receipts, or any other
licenses or permits for the establishment or operation of dispensing facilities in the City engaged in the on-site
distribution, sale, delivery or retail of low-THC cannabis, medical cannabis or cannabis delivery devices pursuant
to§§381.986 and 499.0295, Fla. Stat. In addition to being a City Commissioner, I am an attorney.A client I
represent may seek a land development permit, business tax receipt, or other license or permit to engage in the
operation of medical cannabis dispensing facilities within the City if the ballot question on Florida Constitutional
Amendment No. 2 (Use of Marijuana for Debilitating Medical Conditions) passes on Nov. 8, 2016. Therefore, due
to the appearance of a possible conflict of interest pursuant to§112.3143(3)(a), Fla. Stat., I abstained from voting
on Item R5U. As provided in§286.012, Fla. Stat., a municipal commission member is permitted to abstain from
voting when"there is, or appears to be, a possible conflict of interest under...s.112.3143...." In addition, this
disclosure is submitted in accordance with §112.3143(5), Fla. Stat.
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.
7:61/ (//
/ride / -_________:_______--„.....
Date Filed Si.,pie
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 88-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
Granado, Rafael Rsi Nar q
From: Aguila, Raul
Sent: Monday, November 07, 2016 12:02 PM
To: Granado, Rafael;Turner, Debora; Boutsis, Eve
Cc: Grieco, Michael
Subject: RE: My recent conflict/recusal
Ralph/Debbie:
Please attach this e-mail to prior conflict disclosure form (so, in addition to verbal no-conflict disclosure at Wednesday's
Commission meeting, we have written confirmation).
Eve:
Please reinstate Comm. Grieco as sponsor to Marijuana Dispensary Ord., which is pending in LUDC.
Thanks all
From: Aguila, Raul
Sent: Monday, November 07, 2016 11:58 AM
To: Granado, Rafael; Turner, Debora; Boutsis, Eve
Subject: FW: My recent conflict/recusal
Please see my response to Comm.Grieco's e-mail below, where he advises that he has divested himself of prior conflict,
regarding medical marijuana and related issues before CMB Commission and Commission committees.
From: Aguila, Raul
Sent: Monday, November 07, 2016 11:56 AM
To: Grieco, Michael
Subject: RE: My recent conflict/recusal
Sorry I couldn't speak earlier, Commissioner.
As—per your e-mail below—you have divested yourself of the conflict of interest(by virtue of your client no longer
seeking to do business in Miami Beach), you would therefore NOT be precluded from discussing and voting on Agenda
item R5A(Second reading of the Medical Cannabis Moratorium Ordinance), nor would you be precluded from discussing
and voting on the proposed Regulation of Medical Marijuana Dispensaries Ordinance that is before the Land Use
Committee.
Two things:
1. I will state into record at Wed's Commission meeting that you have divested yourself of conflict; and
2. Do you wish to be reinstated as sponsor of dispensary Reg. Ord.?
Thanks,
R.
1
From: Grieco, Michael
Sent: Monday, November 07, 2016 6:46 AM
To: Aguila, Raul
Subject: Re: My recent conflict/recusal
Did u see this?
Please call me.
Sent from my iPhone
Michael Grieco
MIAMIBEACH
Michael C. Grieco
Commissioner
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7204/Fax: 305-673-7096/www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic
community.
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On Nov 5, 2016, at 8:18 PM, Grieco, Michael <MichaelGrieco @miamibeachfl.gov> wrote:
Raul,
I just got off a conference call with my medical marijuana clients. I have convinced them to
forgo any possible opportunities in Miami Beach in their space. Consequently, my speculative
conflict is eliminated. Please note this change in circumstances and address the issue accordingly
in the next meeting.
Sent from my iPhone
Michael Grieco
MIAMIBEACH
Michael C. Grieco
Commissioner
OFFICE OF MAYOR AND COMMISSION
2
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7204 /Fax: 305-673-7096/www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic
community.
SIGN UP FOR OUR NEWSLETTER
HERE<http://visitor.r20.constantcontact.com/d jsp?llr=ss6ppfoab&p=oi&m=1114728035922&si
t=u7dgvsdib&f=0eb85966-1660-4612-9591-e9addf332d9b>
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