CAO 03-10 State Gift Law CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Jorge M. Gonzalez
City Manager
Murray H. Dubbir~
City Attorney
Jean K. Olin t~
Deputy City .st~torney
CAO No: 03-10 City Personnel subject to State Gift Law
June 20, 2003
Pursuant to your request, the following sets forth which City of Miami Beach employees are
subject to the State gift law. Inasmuch as the State gift law also applies to certain City board
members, reference is made to such personnel as well.
Florida gift law prohibitions and disclosure requirements apply to "reporting individuals"
and "procurement employees". (Section 112.3148, Florida Statutes.) The term "reporting
individuals" means:
...any individual, including a candidate upon qualifying, who is
required by law, pursuant to Section VIII, Article 2 of the State
Constitution, or Section 112.3145, to file full or limited public
disclosure of his or her financial interests, or any individual who has
been elected to, but has yet to officially assume the responsibilities of,
public office.
Section 112.3145, Florida Statues further lists the following persons who are subject to the State gift
law:
A. City Officials
every elected person, and every person appointed to fill a vacancy for
an unexpired term and an elective office;
any appointed member of a board having the power to enforce local
code provisions;
any appointed member of a planning or zoning board, board of
adjustment, board of appeals, or other board having the power to
recommend, create, or modify land planning or zoning within the
political subdivision, except for citizen advisory committees,
technical coordinating committees, and such other groups who only
have the power to make recommendations to planning or zoning
boards;
any appointive member of a pension or retirement board having the
power to invest pension or retirement funds with the power to make a
binding determination of one's entitlement to or amount of the
pension or the retirement benefit; and
any other appointed member of a local government board who is
required to file a statement of financial interest by the appointing
authority or the enabling legislation, ordinance, or resolution creating
the board;
City Employees
Any person holding one or more of the following positions:
Mayor;
City Manager;
chief administrative employee of a municipality;
City Attorney;
chief municipal building code inspector,
municipal water resources coordinator;
municipal pollution control director;
municipal environmental control director;
municipal administrator with power to grant or deny a land development
permit;
Chief of Police;
Fire Chief;
municipal clerk; and
purchasing agent1 having the authority to make any purchase exceeding the
threshold amount provided for in Section 287.107 Florida Statutes for
Category One (presently $15,000), on behalf of the City of Miami Beach.
~ The term "purchasing agent" is not limited to the City of Miami Beach Procurement Director as the term "purchasing
agent" means a public officer or employee having the authority to commit the expenditure of public funds through a
conlxact for, or the purchase of, any goods, services, or interest in real property for the City of Miami Beach, as opposed
to the authority to request or requisition a contract or purchase by another person.
CITY OF MIAMI BEACH
Office of the City Manager
Request for Legal O~inion
C.M.O. Number: ~ -- u~'/o3
To: Murray H. Dubbin
City Attorney
From: Jorge M. Gonzalez
City Manager
Subject:
Date: June 3, 2003
REQUEST FOR LEGAL OPINION REGARDING GIFTS/CODE OF ETHICS
This is a request for a legal opinion. What City
classifications does the State Gift Law apply to?
Thank you.
U MG\M D a\lccl~f-~,~.
c: Mayra Diaz Buttacavoli
F:~crngr~iALL~LISA%EGAL~Iegal opinion gift question on ethics.doc
of Miami Beach employees or