2009-3650 OrdinanceORDINANCE NO.
2009-3650
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
2, ARTICLE VII, ENTITLED "STANDARDS OF CONDUCT"; AMENDING
SECTION 2-482, ENTITLED "REGISTRATION"; AMENDING SECTION 2-
482(a) AND 2-482(fJ THEREOF, TO RESPECTIVELY INCREASE THE "PER
ISSUE" AND ANNUAL LOBBYIST REGISTRATION FEES; AND ALSO
AMENDING APPENDIX "A" THERETO, ENTITLED "FEE SCHEDULE";
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, in March 1992, via Ordinance No. 92-2777, the City Commission authorized
a twenty-five dollar ($25) lobbyist registration fee; and
WHEREAS, in June 1992, via Ordinance No. 92-2785, the City Commission authorized,
in addition to the registration fee, a biennial lobbyist registration fee of one hundred twenty-five
dollars ($125), every even year; and
WHEREAS, in February 2004, via Ordinance No. 2004-3435, the City Commission
authorized atwenty-five dollar ($25) "per issue" lobbyist registration fee, and an annual lobbyist
registration fee of one hundred twenty-five dollars ($125); and
WHEREAS, at the July 7, 2009 meeting of the Finance and Citywide Projects
Committee, the Committee recommended an increase to the annual lobbyist registration fee, to
four hundred and ninety dollars ($490), and an increase in the per issue fee, to one hundred
dollars ($100); and
WHEREAS, at the September 24, 2009 Commission Meeting, the City Commission voted to
increase the annual lobbyist registration fee, to five hundred dollars ($500.00) and an increase
in the per issue fee, to three hundred and fifty dollars ($350.00)
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Sections 2-482 (a) and 2-482 (f), including Appendix "A" thereto, of the City
Code are hereby, respectively, amended as follows:
Section 2-482 Registration
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Every person required to register shall register on forms prepared by the clerk, pay a
registration fee of $~.-A9 350.00, as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied, and whether the lobbyist has
entered into any contractual relationship (paid or unpaid) with said city commissioner or
personnel from 12 months preceding such person's commencement of service with the city to
the present date, stating the general nature of the subject contractual relationship.
(5) The specific issue on which he has been employed to lobby; and
(6) The terms and amount of compensation to be paid by each principal to the lobbyist with
regard to the specific issue on which the lobbyist has been engaged to lobby.
Cross references: List of expenditures; fee disclosure; reporting requirements, § 2-485.
(f) In addition to the $~.-9A 350.00 per issue registration fee required in subsection (a) of
this section registration of all lobbyists shall be required prior to October 1 of each year; and the
fee for annual registration shall be $~89 500.00, as specified in appendix A.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordnance.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED and ADOPTED this 24th
day of September , 2009.
A R MATTI RA BOWER
AT EST:
C,l~ f
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
:QRM ~ LANGUAGE
T:\AGENDA\2009\September 24\Regular\lobbyist fee rev.ORD.doc
q ~o 0~1
Date
2
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Miami Beach City Code Chapter 2, Article Vii, Entitled "Standards Of Conduct";
Amending Section 2-482, Entitled "Registration"; Amending Section 2-482(A) And 2-482(F) Thereof, To
Respectively Increase The "Per Issue" And Annual Lobbyist Registration Fees; And Also Amending
Appendix "A" Thereto, Entitled "Fee Schedule"; Providing For Repealer, Severability, And An Effective
Date.
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Ma or and Ci Commission a rove the Ordinance?
Item Summa /Recommendation:
SECOND READING AND PUBLIC HEARING
In March 1992, via Ordinance 92-2777, the City Commission authorized atwenty-five dollar ($25) lobbyist registration fee.
In June 1992, via Ordinance 92-2785, the City Commission authorized, in addition to the registration fee, a biennial
registration fee of one hundred twenty-five dollars ($125) every even year. In February 2004, via Ordinance 2004-3435, the
City Commission authorized a twenty-five dollar ($25) per issue registration fee and an annual registration fee of one
hundred twenty-five ($125), which are the current fees.
The registration fees are for the purpose of covering the costs incurred in maintaining these records for public access. The
City Clerk's office is responsible for maintaining the lobbyist database, which is available on the City's website; notifying via
email, newly registered lobbyists; processing lobbyist withdrawals; processing of the annual lobbyist expenditures reports;
and notifying the Miami-Dade County Commission on Ethics of lobbyists who fail to provide their annual expenditure report.
As part of the budget process, the lobbyist registration fees were discussed at the July 7, 2009 meeting of the Finance and
Citywide Projects Committee (FCWPC).
At the FCWPC meeting, the Administration suggested increasing the annual fee to $490, and the per issue fee to remain at
$25. However, the Committee recommended increasing the lobbyist fee from $125 to $490 annually, and increasing the per
issue fee from $25 to $100.
The lobbyist registration fees are imposed to recover the cost to the City of operating the lobbyist registration program. At
the September 10, 2009 Commission Meeting, the City Commission approved an annual registration fee of $1,000 and a fee
of $200 for each issue. .
Adviso Board Recommendation:
Finance and Ci ide Pro~ects Committee FCWPC meetin of Jul 7, 2009.
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total
Financial Impact Summary: Based on 86 lobbyists registering with an average of three (3) "issues" each, if the
rate recommended by the City Commission of $1,000 annually and $200 per issue, it will result in an annual
lobbyist registration total of $86,000 and a "per issue" total of $51,600 for a projected total of $137,600 or an
annual increase of approximately $109,825. This, of course, is only a projection and will vary depending on the
issues throughout the year. The fully allocated cost of providing this service including salary and department
operating costs is estimated to be approximately $147,000.
Ci Clerk's Office Le islative Trackin
Robert Parcher x7411
Si n-Offs:
Department Director Assista City
M r City Man r
REP H JMG
T:\AGENDA\2009\September 4\Regular\lobbyist fee.Sum.doc
m MIAMIBEACH
AGEWDA ITEM nJ
DATE 9 2 -~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayo Matti Herrera Bower and Members of the City Commission
FROM: Jor e . GonzU~alJ^ez, City Manager
DATE: September 24, 2009 SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,
ARTICLE VII, ENTITLED "STANDARDS OF CONDUCT"; AMENDING SECTION
2-482, ENTITLED "REGISTRATION"; AMENDING SECTION 2-482(a) AND 2-
482(f) THEREOF, TO RESPECTIVELY INCREASE THE "PER ISSUE" AND
ANNUAL LOBBYIST REGISTRATION FEES; AND ALSO AMENDING
APPENDIX "A" THERETO, ENTITLED "FEE SCHEDULE"; PROVIDING FOR
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
KEY INTENDED OUTCOMES SUPPORTED
Improve the City's overall financial health and maintain overall bond rating.
ANALYSIS
In March 1992, via Ordinance 92-2777, the City Commission authorized atwenty-five dollar ($25)
lobbyist registration fee. In June 1992, via Ordinance 92-2785, the City Commission authorized, in
addition to the registration fee, a biennial registration fee of one hundred twenty-five dollars ($125)
every even year. In February 2004, via Ordinance 2004-3435, the City Commission authorized a
twenty-five dollar ($25) per issue registration fee and an annual registration fee of one hundred
twenty-five ($125), which are the current fees.
The registration fees are for the purpose of covering the costs incurred in maintaining these records
for public access. The City Clerk's office is responsible for maintaining the lobbyist database which
is available on the City's website; notifying via email, newly registered lobbyists; processing lobbyist
withdrawals; processing of the annual lobbyist expenditures reports; and notifying the Miami-Dade
County Commission on Ethics of lobbyists who fail to provide their annual expenditure report.
Below, for your reference, is a list of lobbying fees for several other government agencies in Miami-
Dade County:
Annual Re istration Fee
Ci of Miami $500 $100 er rinci al
Miami-Dade Coun $490 $0 er issue/ er rinci al
West Miami $125 $ 25 er issue
North Ba Villa a $300 $125 initial fee
Aventura $200 $100 er rinci al annual)
Miami S rin s $490 $0 er issue/ er rinci al
The lobbyist registration fees were discussed as part of the budget process at the July 7, 2009
meeting of the Finance and Citywide Projects Committee (FCWPC). Robert Parcher, City Clerk,
stated that the lobbyist fee was initiated in March 1992 with lobbyist paying $25. In June 1992, the
City Commission authorized, in addition to the registration fee, a biennial registration fee of one
hundred twenty-five dollars ($125) every even year. The last change to the lobbyist fee was in
February 2004, when the City Commission authorized the twenty-five dollar ($25) per issue
registration fee and an annual registration fee of one hundred twenty-five ($125), which are the
current fees. At the FCWPC meeting, the Administration suggested increasing the annual fee to
$490 and the per issue fee to remain at $25. However, the Committee recommended increasing the
lobbyist fee from $125 to $490 annually, and increasing the per issue fee from $25 to $100.
The lobbyist registration fees are imposed to recover the cost to the City of operating the lobbyist
registration program. At the September 10, 2009 Commission Meeting, the City Commission
approved an annual registration fee of $1,000 and a fee of $200 for each issue.
Based on 86 lobbyists registering with an average of three (3) "issues" each, if the rate
recommended by the City Commission of $1,000 annually and $200 per issue, it will result in an
annual lobbyist registration total of $86,000 and a "per issue" total of $51,600 for a projected total of
$137,600 or an annual increase of approximately $109,825. This, of course, is only a projection and
will vary depending on the issues throughout the year. The fully allocated cost of providing this
service including salary and department operating costs is estimated to be approximately $147,000.
CONCLUSION
The Administration recommends approving the ordinance.
JMG/~
T:WGENDA\2009\September 24\Regular\Lobbyist fee.CM.doc
SUNDAY, SEPTEMBER 1~. 2009 121MB
,: _ _
CITY OF M~IAM~I B~E~-CH ` _ .. ~:
NOTICE OF ~PUBL~IC HE~-RI~VG
- _~:. _
NOTICE,IS HEREBY given that second readings and public. hearings will beheld by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Charjibers,-3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Thursday, September 24, 2009, to consider the following: _ - ,
5:05-p.m. - _ _ - __ . .
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Entitletl "Standards Ot.Conduct' ; Amending:Section 2x482,
Entitled ".Registration"; Amending Section 2-482(A). And 2-482(F~ Thereof,_:To ~Respectivaly Increase The "P~r Issue".And Annual
.Lobbyist Registration Fees; And Also Amending Appendix "A" Tnereto,`~ntitled "Fes Schedule." ~ '
Inquiries maybe directed to fhe City Clerk's Office at (305) 673-7411:
5:05 p.m. - -
An Ordinance Amending Arficle XI, Entitled "Dangerous Intersection Safety," Of Chapter 106, Entitled "Traffic And Vehicles," Of The
Miami i3each City Code, By Amending Section 106 - 490, Entitled "Penalties" To Amend The Fines F-.or Violations: _
Inquiries may be directed to the City Manager's Office at (305) 673-701U. = . ~ - ,
. ,
5x05 p:rn: ~ .:
An'OrdinanGe Amending The Code Of The City Of Miami Beach, By-Amending•Chapter 106, Entitled "Traffic A'ntl°a/,ehicles;" By
Amending Article II, Entitled "Metered Parking," By Amending Division 1, Entitled "Generally," By Amending Section 1'06-55;"Entitled
"Barking Rates, Fees, And Penalties;" By Amending Parking Meter'Rates North Of 23ntl Street. ~='
Inquiries may be•directedsto the Parking Department at (3U5) 673-7275.
5s05 p.m. ;
An Ordinance Amending Chapter 110 Of The Miami .Beach City Code, Entitled "Utilities;" Amending. Article: tll Thereof, Entitled -
"Stormwater Utliity," Amending Section 110-109 Thereof Enttled "Stormwater Utility .,Fees," By Ariaeiding:Appendix A Thereto
Entitled "Fee Schedule," To Increase The Stomwater Utility `Service Charge Imposed By The City As~Of QCtober'1,'2009. '° ~ '
Inquiries maybe directed to the Public WorksDepartmerlt af(305) 673-7080.,'` ~ ,
5:05 p.m., ~ ~ ^_ ~_
~. _ '.I
An Ordinance Amending Chapter 110 Of The Miami Beach City Code Enfifled "Utilities,° Amending Artidle IV `"Entitled "Fees,
Charges, Rates And Billing Procedure Thereof;" Amending bivision 2 Thereof,. Enttled""Rates, FeesF~Ahd Oharges;~"By Amending
Section 110=1613'(C) Thereof, Entitled *Sanitary SewerBervice Charge;" To~Frov"itleAdtitional~Sanitary;Sewer. Service Charge-Fesy,;
And:AlsoAmending Appendix A To.Chapter 1'1'0, Entitled "fee Schedule" To'lii~reaseThe 1+llater Rated And'Sanltn(y°SewerS~erv~ce f:
Charges Imposed By The City Pursuant To Sections 110-1&.6 (A) And (B), 1.10-t68 (A), Ar2d P:rjovidingA Submetering Feae Jn ;;4ofior"
110-1:70(A); Amending Section 110=170 To: Be Entitled "Submetering" To Create: Rrovisjoras'F.or Subrreters. ~ -
,.,. ..
Inquiries may be~directed to the Public Works Departmenbat (305) 673-7080.. _ ~,
;~-
5:05.p:m: ._,. . , _
An Ordinanoe Amending Chapter 86-Of'The Miami Beach City Code Entitled ?:Sales," By Amertdii~g Article 111 Thereof,: Entitled
"Nonprofit Pending And Distribution," By Amending Division 2, Entitled "Permit," By Amending Sectio~i:86-17~},.Erititled-"Rrocessing
.. .._ ,
Fee," To Add A $50.00 Permit Application Fee. -- - ~_- .-
Inquiries may be directed to the. Finance Department of (305) 673-7466..
__ ~..:.
5:05 p.m.
An Ordinance Amending Chapter 102 Of The City Code, Entitled "Taxation." By Amending Division V Therein, -Entitled "Local
8usiriess Tax,"Amending Section 102-379 Therein, Entitled "Schedule Of Taxes"; Said Amendment Rroviding For A $15:00 Business ,
Tax Receipt Application fee.. `
Inquiries may be directed to the Finance Department at (305) 673-7466. `"
INTERESTED. PARTIES are invRed to appear at this meeting, or be represented by an agent, or to~,express heiruewsan writing
addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, C~~Hall,,.Miami B,eacfl,-Florida
33139. Copies of these ordinances are available for public inspection_.during; normal business hours in the City Gerk's Office,
1700 Convention•Genter Drive,lst Floor, City Hall, and-Miami Beach, Florida 33139:Thismeeting may be continueti,and,wnder such
ciroumstances additional legal notice would not be provided. - '
Robert E: Paroher;~Gity Clark •
City of Miami Beach
Pursuant to Seddon 286.0'105, Fla. Stet., the City hereby advises the public thatc fie person decides to appeal.any decision made by
the City: Commission with respect to any matter considered at its meeting or its hearirig;~!suEh person mi7st.en~yite that=a~ye'rbatim
record of the proceedings is made, which record includes the testimony and-evidence upon.;which the appgal is to be:6a5ed.'This
notice does not constitute consent by the-City for the introduction or admission of otherwise inadmissible' or,irrelevant~evidence,
nor does rt authorize challenges or appeals not othervvise allowed by law. - - -~
To request this materjal in accessible format, sign language interpreters, infbrrnation on access for piesansw_~S1th=2iisat~iGties,,gra~f7
or-any accommodation #o review ariy/document or participate in any city-sponsored proceeding, .please contact (305) 6o4-24J~Q
(voicae), (30573-.7218(TTY) rive days in advance to initiate your request. TTY users may also call 711-(Florida-Relay Senric8).
Ad iY558