David Berger Application PackageBerger David J
Last Name First Name Middle Initial
1836 W. 23rd St, Sunset Island 3 Miami Beach
Home Address City
Florida 33140
State Zip Code
HomeWork
bergerdav@aol.com
Email Address
(305) 205-6444
Cellular
Business Address City State Zip Code
Occupation:Business Name:
Attorney
Please list your preferences in order of ranking [1] first choice [2] second choice, and [3] third choice. Please note
that only three (3) choices will be observed by the City Clerk’s Office. (Regular Boards of City)
Choice 1:
Choice 2:
Choice 3:
Parks and Recreational Facilities Board
Marine and Waterfront Protection Authority
Health Facilities Authority Board
BOARD AND COMMITTEE
APPLICATION FORM
Note:If applying for the At-Large position of the Historic Preservation Board, please answer the below
questions:
Have you ever resided in one of the City's Historic Districts for at least one year?No
No Address in City Historic District submitted.
Professional License
License Number Issuance Date Expire Date
Attorney & Real Estate Broker
Note:If you are seeking appointment to a professional seat (e.g. attorney, architect, etc.), you must attach a copy of
your currently effective corresponding professional license.
Pursuant to City Code section 2-22(4) a, b and c: Members of Agencies, Boards, and Committees shall be
affiliated with the city. This requirement shall be fulfilled in the following ways:
YesResident of the City for a minimum of six (6) months:
Demonstrate an ownership interest in a business established in the City for a minimum of six (6) months:Yes
AFFILIATION WITH THE CITY OF MIAMI BEACH
a.
● I am resident of:South Beach
Or
b.
"Ownership Interest" shall mean the ownership of ten percent (10%) or more (including the ownership of 10%
or more of the outstanding capital stock) in a business.
"Business" shall mean any sole proprietorship, sponsorship, corporation, limited liability company, or other
entity or business association.
c.Full-time employee of such a business (for a minimum of six months); and I am based in an office or
other location of the business that is physically located in Miami Beach (for a minimum of six months):No
Notwithstanding the requirements set forth herein, the qualified full-time employee of a business must be
approved by a 4/7th vote of the Mayor and City Commission.
NOTE: Members of Agencies, Boards, and Committees shall be required to demonstrate compliance with the City
affiliation requirements of section 2-22 (4) a and b of the Miami Beach City Code by executing an affidavit,
stipulating that they have met either (or both) of said affiliation requirements. The original affidavit shall be filled
with the Office of the City Clerk prior to being sworn in as a member.
Or
No● Have you ever been convicted of a felony:If yes, please explain in detail:
● Do you currently have a violation(s) of City of Miami Beach codes:No If yes, please explain in detail:
● Do you currently owe the City of Miami Beach any money:No If yes, please explain in detail:
● Are you currently serving on any City Boards or Committees:Yes If yes, which board?
Parks & Recreational Facilities Board
● Are you presently a registered lobbyist with the City of Miami Beach?No
● I am applying for an appointment because I have special abilities, knowledge and experience. Please list below:
Avid Tennis Player, long term resident, familiar with parks & tennis centers former chairman of the Tennis
Advisory Committee and Miami Beach Evaluation Committee. Former Special Counsel to City of Miami Beach on
various Matters. Former Chair of the Health Facilities Authority Board and member of th
NOTE: IF APPOINTED, YOU WILL BE REQUIRED TO FOLLOW CERTAIN LAWS THAT APPLY TO CITY
BOARD/COMMITTEE MEMBERS. THESE LAWS INCLUDE, BUT ARE NOT LIMITED TO:
o Prohibition from directly or indirectly lobbying city personnel (Miami Beach City Code section 2-459).
o Prohibition from contracting with the city (Miami-Dade County Code section 2-11.1).
o Prohibition from lobbying before board/committee you have served on for period of one year after leaving office
(Miami Beach Code section 2-26)
o Requirement to disclose certain financial interests and gifts (Miami-Dade County Code section 2-11.1).
o Sunshine Law - Florida's Government-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law
regarding open government can be found in Chapter 286 of the Florida Statutes. These statutes establish a basic
right of access to most meetings of Boards, Commissions, and other governing bodies of state and local
governmental agencies or authorities.
o Voting conflict - Form 8B 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 equality to members of
advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143.
Florida Statutes.
● In what organization(s) in the City of Miami Beach do you currently hold membership in?
Name Position
Sunset Islands 3 & 4 Property Owners BOD member
● List the address of all properties owned or in which you have an interest within the City of Miami Beach:
Property
1836 W. 23rd Street, Sunset Island 3
If so, which department and title?No● Are you now employed by the City of Miami Beach:
● Pursuant to City Code Section 2-25 (b):
Do you have a parent, spouse, child, brother, or sister who is employed by the City of Miami Beach?No
If "Yes", identify person(s) and department(s):
No relative's information submitted.
BOARD & COMMITTEE FINANCIAL ACKNOWLEDGEMENT STATEMENT
Acknowledgement of fines/suspension for Board/Committee Members for failure to comply with
Miami-Dade County Financial Disclosure Code Section 2-11.1(i)(2)
I understand that no later than July 1, of each year all members of Boards and Committees of the City of Miami
Beach, including those of a purely advisory nature, are required to comply with Miami-Dade County Financial
Disclosure Requirements.
One of the following forms must be filled with the City Clerk of Miami Beach, 1700 Convention Center Drive,
Miami Beach, Florida, no later than 12:00 noon of July 1, of each year:
1. A "Source of Income Statement;" or
2. A "Statement of Financial Interests (Form 1)¹ ;" or
3. A Copy of your latest Federal Income Tax Return.
Failure to file one of these forms, pursuant to the Miami-Dade County Code, may subject the person to a fine of no
more than $500, 60 days in jail, or both.
_____________________________
¹ Members of the Planning Board and Board of Adjustment will be notified directly by the State of Florida, pursuant
to F.S. §112.3145(1)(a), to file a Statement of Financial Interests (Form 1) with the Miami-Dade County Supervisor of
Elections by 12:00 noon, July 1. Planning Board and Board of Adjustment members who file their Form 1 with the
County Supervisor of Elections automatically satisfy the County’s financial disclosure requirement as a Miami Beach
City Board/Committee member and need not file an additional form with the Office of the City Clerk. However,
compliance with the County disclosure requirement does not satisfy the State requirement.
DIVERSITY STATISTICS REPORT
The following information is voluntary and has no bearing on your consideration for appointment. It is being asked to
comply with City diversity reporting requirements.
WhiteRace/Ethnic Categories
What is your race?
No details providedOther Description:
Gender:Male
Are you Spanish/Hispanic/ Latino? Mark the "No" box if not Spanish / Hispanic / Latino.No
Physically Challenged:No
I HEREBY ATTEST TO THE ACCURACY AND TRUTHFULNESS OF THE APPLICATION; AND I HAVE
RECEIVED, READ AND WILL ABIDE BY CHAPTER 2, ARTICLE VII, OF THE MIAMI BEACH CITY CODE,
ENTITLED “STANDARDS OF CONDUCT FOR CITY OFFICERS, EMPLOYEES AND AGENCY MEMBERS AND
ALL OTHER APPLICABLE COUNTY AND/OR STATE LAWS AND STATUTES ACCORDINGLY.”
I David Berger agreed to the following terms on 10/15/2020 1:42:05 PM
Received in the City Clerk's Office by:
Name of Deputy Clerk Control No. Date
Board and Committee Application Checklist: Please ensure you have provided all information before applying or
reapplying to any Board and Committee.
YES
YES
YES
YES
I have answered all questions fully.
I have uploaded a current resume, photograph, and a copy of any applicable professional license.
I have completed and attached the Board & Committee Financial Acknowledgment Statement.
I have completed and attached the Diversity Statistics Report.
If you have any questions, please contact the Office of the City Clerk via email: BC@miamibeachfl.gov or
telephone: 305.673.7411
Note: Florida Statutes 119.071: The role of the Office of the City Clerk is to receive and maintain forms filed as
public records. If your home address, telephone numbers, and/or photograph are exempt from disclosure and you
do not wish your home address, telephone numbers, and/or photograph to be made public, please:
1) Use your office or other address for your mailing address;
2) Use your office or other telephone number for your contact number; and
3) Do not attach a photograph.
DAVID J. BERGER
David J. Berger is the founder, president and principal shareholder of Mega Capital Corporation, a privately held
real estate and corporate investment and brokerage entity. All investment transactions originated by Mega Capital
are conducted through separate private investment entities.
By way of background, Mr. Berger is an attorney, real estate and corporate investor, real estate developer and
merchant and investment banker. Mr. Berger brings a broad base of talents and multi-dimensional experiences to
his ventures. For sixteen years, Mr. Berger practiced law as a prominent real estate and business attorney. He was a
senior partner in the statewide Florida law firm of Broad and Cassel, resident in the Miami office and a member of
its management committee and head of its real estate group in Miami. As a lawyer, Mr. Berger has extensive legal
experience in the areas of real estate, corporate business, finance, lending, government contracting and other areas.
While a practicing lawyer, Mr. Berger handled a great number of sophisticated and complicated projects and has
represented creditors, debtors, owners and government agencies involved with a multitude of real estate,
business, financing and financial matters in virtually every product type.
Mr. Berger has served as special counsel to the City of Miami Beach and to its Redevelopment Agency in
connection with a variety of transactions including various public private ventures, acquisitions, eminent domain,
RFPs and tax increment financing transactions. He has also served as member of the City’s Health Facilities
Authority and Convention Center Capital Improvements Committee.
Mr. Berger left the practice of law and went into business full time in 1995 as an active business and real estate
investor as well as an investment and merchant banker. David is a founding member of a merchant banking and
investment banking business involved in debt and equity fundings, business and financial negotiations, strategy,
consulting and advisory services, business analysis, turnarounds, debt restructures and other matters.
David Berger has been a successful real estate and business investor and developer for more than thirty years
through a variety of entities and a myriad of product types. His projects include office, industrial, retail, multi-
family, leisure, government occupied, and other uses, including a variety of mixed uses, with primary focus on
industrial and office. Mr. Berger's real estate and business activities focus on value-creation where he and his
partners develop and implement strategic solutions and structures for his real estate business interests.
David Berger received his Bachelors Degree from the University of Florida and his Juris Doctor Degree from the
University of Miami where he was an editor of the law review. Mr. Berger has an AV rating from Martindale-
Hubbell which represents the highest rating for legal skills and ethical considerations as determined by other lawyers
in Florida. David Berger is a licensed Florida real estate broker and Mega Capital Corporation is a licensed Florida
brokerage company. Mr. Berger is involved in, and has served on the boards and as chair of numerous charitable
and civic organizations.
Perhaps most relevant is that David Berger is an avid sportsman, with particular interest in tennis. He grew up in
Miami Beach where he continues to reside. He plays tennis at the various City parks (usually Flamingo Park)
several times per week and is familiar with the City’s tennis centers and has insight into the needs of the tennis
sports community.
10/1/12