Ordinance 92-2781 ORDINANCE NO. 92-2781
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI
BEACH, FLORIDA, SUSPENDING UNTIL JUNE 3, 1992
ENFORCEMENT OF ORDINANCE NO. 92-2777 WHICH
REQUIRES REGISTRATION AND FINANCIAL DISCLOSURE BY
ALL PERSONS AND ENTITIES ENGAGING IN LOBBYING
ACTIVITIES WITHIN THE CITY OF MIAMI BEACH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 4, 1992 , the Miami Beach City Commission
adopted Ordinance No. 92-2777 which requires registration and
financial disclosure by all persons and entities engaging in lobbying
activities within the City of Miami Beach, Florida; and
WHEREAS, Ordinance No. 92-2777 became effective on March 14,
1992 ; and
WHEREAS, the City Commission believes that Ordinance No. 92-2777
should be reexamined and amended by the City Commission on or before
June 3 , 1992 and that its continued enforcement at this time will
result in unequal treatment of citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1.
That enforcement of City of Miami Beach Ordinance No. 92-2777
which requires registration and financial disclosure by all persons
and entities engaging in lobbying activities within the City of Miami
Beach is hereby suspended until June 3 , 1992 .
SECTION 2 . EFFECTIVE DATE.
Pursuant to Section 9 of the Miami Beach City Charter this
emergency ordinance shall become effective 'Immediately upon passage.
r
PASSED and ADOPTED this 6th day of gay, 1992 .
ATTEST:
1111111 MAYOR 9 1
CITY CLERK
(SWS:scf)lobby.ord FORM APPROVED
Passed and Adopted as an Emergency
Measure - May 6, 1992 LEGAL DEPT.
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sate - �'`F2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 31s-92_
DATE: May 6, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
:1
FROM: Roger M� Cat n Laurence Feingold X'
Clty 11ge/i 4,/1 City Attorney T .
SUBJECT: LOBBYING ORDINANCE NO. 92-2777/WORKSHOP SESSION
RECOMMENDATIONS:
That the City Commission schedule an orientation workshop on
the scope and ramifications of the lobbyist ordinance and also to
address the concerns that have been brought to the attention of the
administration and legal department.
BACKGROUND:
Soon after the Mayor and City Commission's orientation session
with the Legal Department and the City Clerk's Office, Commissioner
Neisen Kasdin requested that the City consider a lobbying ordinance
modeled after that of Metropolitan Dade County. A draft ordinance
was presented to the Mayor's Transition Team's Ethics Committee,
and after deliberation by that body with input from Commissioner
Kasdin, an ordinance was presented to the City Commission which was
unanimously adopted on March 4, 1992 .
After the ordinance went into effect, concerns arose from
several quarters as to various aspects of our lobbying ordinance
requirements.
Potentially broad applications of the ordinance as presently
constituted creates substantial consternation as the ordinance is
interpreted by the City Attorney and the City Clerk. Specific
areas of concern include the following:
1. Where parties or their lawyers appear before
the City in a quasi-criminal setting against
their will (e.g. , Code Enforcement Board
hearings, Special Master hearings) .
2. Corporations or persons who have contractual
relations with the City (e.g. , Greater Miami
Convention Bureau, SMG Management Company) .
3. Charitable, non-profit organizations or public
service corporations (e.g. , Miami Beach
Historic Preservation/Design Review Board,
Homeowners Association, Chamber of Commerce,
etc. ) .
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AGENDA -
ITEM
DATE
4. Ministerial matters sought by private persons
in their own rights for their benefit.
In addition, concern has been addressed regarding the
administrative costs of enforcing this ordinance. The City Clerk
has stated that the $25 fee does not currently offset the costs
incurred by his department. The County fee schedule includes a
$125 fee biennially for lobbyists as well as the $25 fee for single
issues.
CONCLUSION:
This matter has been placed on the agenda for discussion in
order to set a time and date for the workshop. In addition to
having orientation, at such workshop the City Commission may
discuss any amendments to the ordinance in order to address citizen
and administration concerns.
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