Ordinance 92-2785 ORDINANCE NO. 92-2785
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 92-2777
WHICH ESTABLISHED LOBBYIST REGISTRATION STANDARDS FOR THE
CITY OF MIAMI BEACH, BY EXEMPTING FROM THE REQUIREMENTS
OF REGISTRATION ALL NOT-FOR PROFIT AND CERTAIN OTHER
REPRESENTATIVES; EXEMPTING PRINCIPALS AND THEIR
ATTORNEYS, AGENTS, EMPLOYEES AND ALL OTHERS RETAINED IN
CONNECTION WITH PROCEEDINGS CONCERNING CODE VIOLATIONS OR
OTHER "QUASI-CRIMINAL" HEARINGS; PROVIDING FOR INCREASED
REGISTRATION FEES; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 4 , 1992 , the City of Miami Beach adopted a
lobbying registration ordinance which requires lobbyists, as
defined therein, to register and pay a registration fee for such
activity; and
WHEREAS, there are certain proceedings, such as Code
Enforcement, Special Master, Unsafe Structures Board and
Administrative hearings which compel an individual ' s attendance and
as such, require individuals to come within the prescriptions of
the registration ordinance; and
WHEREAS, in addition to experience showing that certain
exemptions should be made regarding registration, the City Clerk
has determined that the fees currently assessed cannot pay for all
administrative time expended to ensure compliance with this law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That the following definitional section of Ordinance
92-2777 is amended as follows:
(a) The term "commissioners" shall refer to the Mayor and
members of the City Commission.
(b) The term "autonomous personnel" shall include but not be
limited to the members of the Housing Authority, Personnel Board,
Pension Boards, and such other autonomous or semi-autonomous
authorities, boards and agencies as are entrusted with the day-to-
day policy setting, operation and management of certain defined
functions or areas of responsibility.
(c) The term "quasi-judicial personnel" shall refer to the
members of the Planning Board, the Board of Adjustment and such
other boards and agencies of the City that perform such quasi-
judicial functions. The Code Enforcement Board, Nuisance Abatement
Board, Special Master Hearings and Administrative Hearings shall
not be included for purposes of this Ordinance.
(d) The term "advisory personnel" shall refer to the members
of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the
City Commissioners.
(e) The term "departmental personnel" shall refer to the City
Manager, all Assistant City Managers, all department heads, the
City Attorney, Chief Deputy City Attorney and all Assistant City
Attorneys, provided however, that all departmental personnel when
acting in connection with Administrative Hearings shall not be
included for purposes of this Ordinance.
SECTION 2 .
The term "lobbyist" means all persons, firms, or corporations
employed or retained, whether paid or not, by a principal who seeks
to encourage the passage, defeat, or modification(s) of any (1)
ordinance, resolution, action or decision of any Commissioner; (2)
any action, decision, recommendation of any city board or
committee; or (3) any action, decision or recommendation of any
personnel defined in any manner above, during the time period of
the entire decision-making process on such action, decision or
recommendation which foreseeably will be heard or reviewed by the
City Commission, or a city board or committee. "Lobbyist" , as
defined above, specifically includes the principal, as described
above, as well as any agent, attorney, officer or employee of a
principal , regardless of wh-tber such lobbying activities fall
within the normal scope of employment of such agent, attorney,
officer or employee.
SECTION 3 . That Section 3 of Ordinance No. 92-2777 is amended
as follows:
All lobbyists shall, before engaging in any lobbying
activities, register with the City Clerk. Every person required to
so register shall (a) register on forms prepared by the clerk, (b)
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pay a registration fee of twenty-five dollars and (c) state under
oath his or her name, business address, the name and business
address of each person or entity which has employed said registrant
to lobby, the Commissioner or personnel sought to be lobbied and
the specific issue on which he or she has been employed to lobby.
Any change to any information originally filed, or any additional
City Commissioner or personnel who are also sought to be lobbied
shall require that the lobbyist file an amendment to the
registration forms, although no additional fee shall be required
for such amendment(s) . The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period
for which the lobbying occurs. If the lobbyist represents a
corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the
foregoing, the lobbyist shall also identify all persons holding,
directly or indirectly, a five percent (5%) or more ownership
interest in such corporation, partnership, or trust. Separate
registration shall be required for each principal represented on
each specific issue. Such issue shall be described with as much
detail as is practical, including but not limited to a specific
description where applicable of a pending request for a proposal,
invitation to bid, or public hearing number. The City Clerk shall
reject any registration statement which does not provide a
description of the specific issue on which such lobbyist has been
employed to lobby. Each person who withdraws as a lobbyist for a
particular client shall file an appropriate notice of withdrawal .
In addition to the registration fee required above, registration of
all lobbyists shall be required prior to October 1st of every even
numbered year and the fee for biennial registration shall be one
hundred twenty-five dollars ($125. 00) . Initially, all lobbyists
shall register on or before October 1, 1992 . In addition to the
matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial, or
professional relationship, or other relationship which gives rise
to an appearance of an impropriety, with any current City
Commissioner or personnel defined above who is sought to be lobbied
as identified on the lobbyist registration form filed. The
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registration fees required by this subsection shall be deposited by
the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions hereof.
There shall be no fee required for filing a notice of withdrawal
and the City Manager shall waive the registration fee upon a
finding of financial hardship, based upon a sworn statement of the
applicant. Any person who only appears as a representative of a
not for profit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local
Chamber of Commerce or a trade association or trade union) , without
special compensation or reimbursement for the appearance, whether
direct, indirect or contingent, to express support of or opposition
to any
item, shall not be required to register with the clerk as required
by this subsection, but, upon rcqucst, shall not be required to pay
any registration fccs. Copies of registration forms shall be
furnished to each Commissioner or other personnel named on the
forms.
SECTION 4 . That Section 4 of Ordinance No. 92-2777 is amended
as follows:
Any public officer, employee or appointee or any person or
entity in contractual privity with the City who only appears in his
or her official capacity shall not be required to register as a
lobbyist.
SECTION 5. That Section 5 of Ordinance No. 92-2777 is amended
as follows:
Any person who only appears in his or her individual capacity
at a public hearing before the City Commission, Planning Board,
Board of Adjustment or other Board or Committee and has no other
communication with the personnel defined in Section 1 above, for
the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express
support of or opposition to any item, shall not be required to
register as a lobbyist, including but not limited to those who are
members of homeowner or neighborhood associations. All speakers
shall , however, sign-up on forms available at the public hearing.
Additionally, any person requested to appear before any City_
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personnel , board or commission, or any person compelled to answer
for or appealing a code violation, a nuisance abatement board
hearing, a special master hearing or an Administrative hearing
shall not be required to register, nor shall any agent, attorney,
officer or employee of such person.
SECTION 6.
In addition to the registration requirements addressed above,
all City departments including the offices of the Mayor and City
Commission, the offices of the City Manager and the offices of the
City Attorney shall maintain signed "sign-in" loqs for all non-city
employees or personnel for registration when they meet with any
personnel as defined in section 1 above.
SECTION 7 .
Commencing July October 1, 1992 , and on July October 1 of each
year thereafter, the lobbyist shall submit to the City Clerk a
signed statement under oath listing all lobbying expenditures in
the City of Miami Beach for the preceding calendar year. A
statement shall be filed even if there has been no expenditures
during the reporting period.
The clerk shall publish logs on a quarterly and annual basis
reflecting the lobbyist registrations which have been filed. All
logs required by this ordinance shall be prepared in a manner
substantially similar to the logs prepared for the Florida
Legislature pursuant to Section 11. 0045, Florida Statutes.
All members of the City Commission, and all city personnel
defined herein shall be diligent to ascertain whether persons
required to register pursuant to this subsection have complied.
Commissioners or city personnel may not knowingly permit themselves
to be lobbied by a person who is not registered pursuant to this
subsection to lobby the commissioner, or the relevant committee,
board or city personnel.
The City Attorney shall investigate any person engaged in
lobbying activities who are reported to be in violation of this
section. The City Attorney shall report the results of the
investigation to the City Commission. Any alleged violator shall
also receive the results of any investigation and shall have the
opportunity to rebut the findings, if necessary, and submit any
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written material in defense to the City Commission. The City
Commission may reprimand, censure, suspend or prohibit such person
from lobbying before the commission or any committee, board or
personnel of the City.
SECTION 8. REPEALER
That all ordinances, resolutions or parts of ordinances or
resolutions in conflict be and the same are hereby repealed.
SECTION 9. SEVERABILITY
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reason, held invalid or
unconstitutional by court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining
portions of this ordinance.
SECTION 10. EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption, on June 27, 1992 .
PASSED and ADOPTED this 17th . . of AK June
1992 .
41711&ATTEST:
•YOR
f
CITY CLERK 0
JCD/CNM
misc4. a:\4-6-92.0RD
(Sponsored by Commissioner Pearlson)
Additions shown by underlining.
Deletions shown by 3trikc outs.
1st reading 6/3/92
2nd reading 6/17/92
FORM APPROVED
LEGAL DEPT.
By
Date G • /
6
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COMMISSION MEMORANDUM NO. 333 - 49,2,
DATE: May 14, 1992
TO: Mayor Seymour Gelber and
Members of the City Commissio
FROM: Laurence Feingold
City Attorney
RE: Lobbying Ordinance No. 92-2777
Commissioner Pearlson requests the following amendments to the above referenced
Lobbying Ordinance. The effect of these amendments is to create the following exemptions to
the ordinance:
1. Where parties or their lawyers are compelled to appear before the
City in a quasi-criminal setting (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
Miami Beach Historic Preservation/Design Review Board,
Homeowners Association, Chamber of Commerce, etc.).
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.
LF/cnm
misc4e:5-141f.cm
39
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