#146 Richard Baron 11/01/2019FO RM 8B M EMO RA ND UM OF VOTING CO NFLIC T FO R
CO UNTY, M UNIC IPAL, AND OTHER LO CA L PUB LIC OFFIC ER S
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Baron, Richard City of Miami Beach Board of Adjustment
MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
The DuPont Building, 169 East Flagler St. WHICH I SERVE IS A UNIT OF:
CITY COUNTY s CITY □COUNTY O OTHER LOCAL AGENCY
Miami Miami-Dade NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
City of Miami Beach
MY POSITION IS: November 1, 2019 O ELECTIVE G 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
Adopted by reference in Rule 34-7.010(1)(), FA.C.
PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the fo rm m ust be provided im m ediately to the other members of the agency.
• The fo rm m ust be read publicly at the next m eeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING
• You m ust disclose orally the nature of your conflict in the measure befo re participating.
• You m ust com plete the fo rm and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
m eeting, who m ust incorporate the fo rm in the minutes. A copy of the fo rm must be provided immediately to the other members of the
agency, and the fo rm m ust be read publicly at the next meeting after the fo rm is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1"ohad a""hereb y disclose hat on_Noe"o'2o""_
(a) A m easure cam e or will com e before m y agency which (check one or more)
A/f\ inure d to m y spe cial private gain or loss;
N/ in ure d to the special gain or loss of m y 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 gai n or loss of ,wh ich
is the parent subsidiary , or sibling organization or subsidiary of a principal which has retained me.
(b) The m easure befo re m y agency and the nature of m y conflicting interest in the measure is as follows:
I am an attorney licensed to practice law in the State of Florida. On or about December of 2018, the undersigned
filed a notice of appearance as co-counsel with Ronald Lowy, Esq., for ARRP 1600 Alton, LLP, a Florida Limited
Liability Company in which Mr. Russel Galbut is not identified in the filings with the Florida Secretary
of State as having any interest but on information and belief has an interest. That representaton ended on April
27, 2019 when the lawsuit was settled.
At the hearing on November 1, 2019, the undersigned appropriately advised the City Attorney
and the public that Mr. Galbut has or had an interest in ARRP 1600 Alton, LLP and that the involvement of the
undersigned in that matter was concluded long before the hearing at issue.
The undersigned affirmatively states that:
1. the undersigned board member was not directly affected by the action of the board, and
2. the undersigned board member is not an: officer, director, partner, of counsel, consultant, employee,
fiduciary or beneficiary; stockholder, bondholder, debtor or creditor of the entity appearing before the board.
If disclosure of specific info rmation would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorn ey, m ay com ply with the disclosure requirem ents of this section by disclosing the nature of the interest in such a way
as to pro vide the public with notice of the conflict.
?
Date Filed sigktre
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 8B - EFF. 11/2013
Adopted by reference in Rule 34-7.010(1)), FAC.
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