Ordinance 2000-3243 ORDINANCE NO. 2000-3243
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE •
CITY OF MIAMI BEACH, FLORIDA,AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE VII, DIVISION 3 THEREOF ENTITLED
"LOBBYISTS", SPECIFICALLY SECTION 2-482 ENTITLED
"REGISTRATION", SECTION 2-485 REGARDING LOBBYISTS
EXPENDITURE REPORTING REQUIREMENTS,AS WELL AS ADDING
SECTION 2-485.1 ESTABLISHING PENALTIES; PROVIDING FOR
REPEALER, SEVERABILITY,CODIFICATION,AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Article VII,
Division 3 thereof entitled "Lobbyists", is hereby amended in part to read as follows:
DIVISION 3. Lobbyists.
Sec. 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 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
(5) The specific issue on which he has been employed to lobby.
(b) 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. The lobbyist has a continuing duty to supply
information and amend the forms filed throughout the period for which the lobbying
occurs.
(c) 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
or more ownership interest in such corporation, partnership, or trust.
(d) 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 not providing a description of the specific issue
on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
(g) 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 giving rise to an appearance of an impropriety, with any current
city commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall
be deposited by the clerk into a separate account and shall be expended only to cover
the costs incurred in administering the provisions of this division. 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. Prior to conducting any lobbying on a matter, all lobbyists subject
to the registration requirements of this section must file a form with the City Clerk,
signed by the principal or the principal's representative, stating that the lobbyist is
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authorized to represent the principal. Any person who only appears as a
representative of a nonprofit 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 section.
Copies of registration forms shall be furnished to each commissioner or other
personnel named on the forms.
ji) All members of the city commission and all city personnel shall be diligent
to ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
may not knowingly permit themselves to be lobbied by a person who is not registered
pursuant to this section to lobby the commissioner or the relevant committee, board
or city personnel.
The city clerk shall publish logs on a quarterly and annual basis reflecting the
lobbyist registrations filed. All logs required by this section shall be prepared in a
manner substantially similar to the logs prepared for the state legislature pursuant to
F.S. § 11.045.
Sec. 2-485. List of expenditures; reporting requirements.
(a) On October 1 of each year, lobbyists subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided
herein listing all lobbying expenditures in the city for the preceding calendar year.
A statement shall be filed even if there have been no expenditures during the
reporting period. The statement shall list in detail each expenditure by category,
including food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
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(b) The City Clerk shall notify any lobbyist who fails to timely file an
expenditure report. In addition to any other penalties which may be imposed as
provided in Section 2-485.1, a fine of fifty dollars ($50.00) per day shall be assessed
for reports filed after the due date. The-city clerk shall publish low on a quarterly
:.-; :.-.- •; :: - -- s - - - ::: • - - - - . ; • ;I; := : .• -: : •
state legislature pursuant to F.S. § 11.0045.
fsj The City Clerk shall notify the Miami-Dade County Commission on Ethics
and Public Trust of the failure of a lobbyist to file a report and/or pay the assessed
fines after notification. • -- - - - - ; -- -' . -; --,--'--'; - ; -; ; . 6-
ii;. ;
-:;:. ; : • • : • ,
(d) A lobbyist may appeal a fine and may request a hearing before the Miami-
Dade Commission on Ethics and Public Trust. A request for a hearing on the fine
must be filed with the Miami-Dade Commission on Ethics and Public Trust within
fifteen (15) calendar days of receipt of the notification of the failure to file the
required disclosure form. The Miami-Dade Commission on Ethics and Public Trust
shall have the authority to waive the fine, in whole or in part, based on good cause
shown. -- -. ; - -- . - - - -- ' --
•
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of the city.
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Sec. 2-485.1 Penalties.
A finding by the Miami-Dade County Commission on Ethics and Public
Trust that a person has violated Division 3 of this Chapter shall subject said person
to those penalties set forth within §2-11.1(s) and (u) of the Metropolitan Dade
County Code, said penalties including admonition, public reprimand, fines, as well
as prohibitions from registering as a lobbyist or engaging in lobbying activities
before the City.
Also, a bidder or proposer shall be subject to the debarment provisions of Sections
2-397 through 2-406 of the Miami Beach City Code as if the bidder or proposer were
a contractor where the bidder or proposer has violated Division 3 of this Chapter
either directly or indirectly or any combination thereof, on three or more occasions.
As used herein, a "direct violation" shall mean a violation committed by the bidder
or proposer and an "indirect violation" shall mean a violation committed by a
lobbyist representing said bidder or proposer. A contract entered into in violation of
Division 3 of this Chapter shall also render the contract voidable. The City Manager
shall include the provisions of this subsection in all City bid documents, RFP, RFQ,
RFLI,provided,however,that failure to do so shall not render any contract entered
into as the result of such failure illegal per se.
(b) Except as otherwise provided in subsection (a) herein, the validity of any
action or determination of the Miami Beach City Commission or City personnel,
board or committee, shall not be affected by the failure of any person to comply with
the provisions of Division 3 of this Chapter.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be 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 ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and
it is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 20th day of May , 2000.
PASSED and ADOPTED this 10th day of May ,2000.
ATTEST:
AYOR
PItt-t
CITY CLERK
1st reading 4/12/00 APPROVED AS TO
2nd reading 5/10/00 FORM&LANGUAGE
(Requested by Vice-Mayor David Dermer) &FOR EXECUTION
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OFFICE OF THE CITY ATTORNEY
624
Avid Wad
F L O R I D A
MURRAY H. DUBBIN *""`°'"
Telephone: (305) 673-7470
• City Attorney Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 3L1 —tea
DATE: MAY 10, 2000
TO: MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBINANA '
�
CITY ATTORNEY I
SECOND READING /PUBLIC HEARING
SUBJECT: LOBBYIST REGISTRATION -- COMPLIANCE LEGISLATION
Pursuant to request of Vice-Mayor David Dermer, the City Attorney's Office has drafted the
attached proposed ordinance amending Miami Beach City Code Chapter 2, Article VII, Division 3 thereof
entitled "Lobbyists", so as to incorporate therein provisions establishing detailed reporting requirements
and penalties for violations of said Division 3, as enforced by the Miami-Dade Commission on Ethics and
Public Trust. These proposed amendments have been adopted by the Miami-Dade County Commission
for inclusion within the County Code as applicable to lobbyists appearing before County personnel -- the
subject ordinance thus proposes inclusion of said proscriptions within the Miami Beach City Code as well.
For purposes of clarifying discussion held on first reading with regard to the exemption of non-
profit corporations from the definition of"lobbyist", this Ordinance has added language reflecting such
exemption from the additional disclosure requirements at issue.
The attached Ordinance is ready for City Commission review.
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