Resoution 94-21006 •
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RESOLUTION NO. 94-21006
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A
POLICY REQUIRING THE IDENTIFICATION OF THE
PRINCIPALS OF ENTITIES WISHING TO SELL REAL
PROPERTY TO THE CITY.
WHEREAS, the Mayor and City Commission of the City of Miami
Beach wish to ensure the integrity of the process by which the City
selects properties for acquisition and to better facilitate
awareness, and scrutiny of such transactions by the City Commission
and the public; and
WHEREAS, achieving these goals requires that the Mayor, the
City Commission and the public be apprised of the pertinent facts
regarding proposed real property acquisitions, including the
identities of the principals of entities of properties proposed for
purchase by the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that a policy is
hereby established requiring that entities wishing to sell real
property to the City of Miami Beach identify their principals prior
to City Commission consideration of such transactions and that the
City not purchase real property from entities unless said entities
shall as a prerequisite to said sale fully disclose the names of
all owners and/or stockholders of the selling entities. Publicly
held corporations shall be exempt from this provision.
PASSED and ADOPTED this 5th da .f January , 199';4..
f
ATTEST:
MAYOR
FORM APIT VED
CITY CLERK LE Jr /
07i Vi
(Requested by Commissioner Sy Eisenberg.) By
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD y\ ih P.O.BOX O
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CITY ATTORNEY
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: 7 /Q_cj 3
DATE: DECEMBER15, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY \-/ aee-ze-oeg
SUBJECT: RESOLUTION ESTABLISHING POLICY REQUIRING THE
IDENTIFICATION OF PRINCIPALS OF ENTITIES WISHING TO SELL
PROPERTY TO THE CITY
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Commissioner Sy Eisenberg asked our office to draft a
resolution for the November 17, 1993 City Commission Agenda
establishing a policy of requiring the identification of entities
other than publicly held corporations which wish to sell real
property to the City. This item was discussed by the City
Commission at its meeting of November 24, 1993. At that time a
question arose as to whether the proposed resolution was necessary
in view of the existence of Section 286.23, Florida Statutes which
requires disclosure of beneficial interests in certain real estate
transactions with governmental entities or agencies. This office
was asked to analyze this matter and report its conclusions to the
Commission.
I have analyzed the proposed resolution and Section 286.23,
Florida Statutes and have concluded that their 'scope is not
identical, and that the existence of the statute does not
necessarily eliminate the necessity of adopting the proposed
resolution to accomplish the City's purpose.
Section 286.23, Florida Statutes requires that any person or
entity holding real property in the form of a representative
capacity such as a partnership, limited partnership, corporation or
trust which wishes to enter into a contract for the sale to or
lease or taking in eminent domain of the property by the state, a
local government or an agency of either, disclose the names and
addresses of the representatives and of all persons having a
beneficial interest in the real property prior to entering into the
contract. The required disclosure must be in writing, under oath
and under penalty of perjury and must be made to the chief officer
of the governmeptal unit or agency or to his officially designated
representative, at least 10 days prior to the closing or, in the
case of an eminent domain taking, within 48 hours of the time of
deposit of the required sum into the court registry. The
governmental unit or agency is required to notice the
representative in writing by registered mail informing him of the
requirement and of the date when the disclosure is due.
Section 286.23 exempts the following persons or entities from
the disclosure requirements: 1) beneficial interests which are 17
represented by stock in corporations registered with the Federal
Securities Exchange Commission or in corporations which are issuing
AGENDA p ^_
ITEM (� (
1700 CONVENTION CENTEP DRIVE - ~_OOP - MIAMI BE/
DATE I - 5}"�
securities registered pursuant to Chapter 517, Florida Statutes,
requiring registration of issuers of securities, when their stock
is for sale to the general, public; 2) beneficial interests of less
than 5% in nonpublic corporations or in trusts; and 3) in the case
of eminent domain, beneficial interests in trusts which were
created more than 3 years prior to the governmental entity's
deposit with the court registry and have remained unchanged, if the
trustee certifies within 48 hours of the deposit that no public
officer or public employee has any beneficial interest in the
trust.
The resolution proposed on the November 24, 1993 Miami Beach
Commission Agenda would have the effect of supplementing Section
286.23, Florida Statutes by imposing stricter disclosure
requirements for transactions involving the sale of real property
to the City. The resolution would require disclosure of all
beneficial interests (except for interests in publicly held
corporations) including interests of less than 5% in nonpublic
corporations and trusts, both of which are exempt from the
disclosure requirements of the Statute.
Additionally, since the Legislature may from time to time
amend Section 286.23 to further exempt or eliminate disclosure of
certain interests, adopting the proposed resolution would ensure
the citizens of Miami Beach that the desired disclosures will
continue to , be required for City real property purchase
transactions.
The City Attorney takes no solace in the fact that §286.23,
Fla. Stat. has been ignored by most municipalities, including but
not limited to, the City of Miami, Monroe County, West Palm Beach,
Metropolitan Dade County, North Miami Beach and North Miami. We
must take responsibility for not following the statute although it
must be noted that in the few instances of completed real estate
sales the City did know the identity of the principals of the
seller.
Notwithstanding the foregoing, we acknowledge responsibility
for not following §286.23, Fla. Stat.
TO INSURE TOTAL AND COMPLETE COMPLIANCE WITH §286.23, FLA.
STAT. IN CONJUNCTION WITH ANY AND, ALL FUTURE PURCHASES AND/OR
LEASES OF ALL REAL ESTATE, THE SELLER WILL RECEIVE THE ATTACHED
LETTER AND BE REQUIRED TO FILL. OUT THE DISCLOSURE AFFIDAVIT OR IN
THE ALTERNATIVE THE EXEMPTION AFFIDAVIT. THIS REQUIREMENT SHALL
ALSO EXTEND TO ALL PENDING REAL ESTATE PURCHASES.
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Attachment
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD P.O.P.O.BOX O
N ,_= MIAMI BEACH.FLORIDA 33119-2032
CITY ATTORNEY 2
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
RE: PARCEL , SECTION
COUNTY
Dear Sir:
The 1974 Florida State Legislature enacted legislation, found in
Section 286.23, Fla. Stat. providing that persons or entities, with
few exceptions, holding real property in the form of a partnership,
limited partnership, corporation, trust, or in any form of
representative capacity shall make a written public disclosure
under oath of the name and address of every person having a
beneficial interest in the real property before the property held
in such capacity is conveyed to the state.
A copy of the act is attached for reference. It will be noted that
certain corporations are exempted from the provisions of this Act:
A. Stocks in corporations registered with the Federal
Securities and Exchange Commission or stocks registered
with the Florida Department .of Banking and Finance
pursuant to Chapter 517, Florida Statutes.
Enclosed are affidavit Forms 575-030-18-a and 575-030-19-a. If you
claim exemption under "A" above, please execute Form 575-030-19-a.
If you do not claim exemption under "A", please execute Form 575-
030-18-a and furnish us the pertinent data specified herein.
Should you need additional information, please contact this office.
Sincerely,
LAURENCE FEINGOLD
CITY ATTORNEY
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR-MIAMI BEACH, FLORIDA 33139
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Uibl WSl�rit At-rivavi i• PAFGEL?N.
beerier
STATE OF FLORIDAcouri
COUNTY OF ) ty
BEFORE ME. the undersigned authority in said County and State, personally appeared
who being first duly sworn, deposes and says that he is:
( ) (a) President (or Vice President)of ._ _
Corporation authorized to do business under the laws of Florida; or
I ) (b) A Partner(or Limited Partner)of the firm of
,composed of -and ,doing business under the name of ; or
( ) (c) Trustee of Trust; or
j ) (d) Other _ .
holding-title to real property described in Exhibit "A"attached hereto and by this reference made a part hereof
hereby certify that the names and addresses listed on Exhibit "B"attached hereto and by this reference made
a part hereof are the names and addresses of every person having a beneficial interest in said real property,
however small or minimal, and do hereby file this Affidavit for me purpose of complying with the provisions
of Chapter 74-174(Chapter 286.23 F.S.), Laws of Florida,Public Disclosure Act.
(Affix. Corp.Seal)
(Deponent)
(Address of Deponent.Required by Chapter 74-174.Laws of Florida)
(Attestation by Secretary or Assistant Secretary if Deponent is Offic.r
of Corporation)
Sworn to and subscribed before me this
day of , 19
My Commission Expires -
Notary Public, State of
For General use divulging names of persons having beneficial interest in property. For execubon by ron-.:erupt persons or entines
holding real pr00erty in a representative capacity.
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'✓ FORM(awls
• PUBLIC DISCLOSURE ACT ecru=moor
EXEMPTION AFFIDAVIT
(Corporate-Exempt)
I,the undersigned (President,Vice President) of
ICONPC AT5 NANO
which Corporation holds title to various
tAOO sal
real properties in the State of Florida. hereby certify that the stock of said Corportion is registered with the
Federal Securities Exchange Commission or with the State of Florida Department of Banking and Finance,
pursuant to Chapter 517. Florida Statute. or with both agencies. and said stock is currently for sale to the
general public. Deponent files this affidavit for the purpose of claiming an exemption for said corporation
from the disclosure requirements of Chapter 74-174(Chap. 286.23 F.S.).laws of Florida,as provided therein.
In the event the corporate stock should cease to be registered as stated herein,deponent agrees to immediately
notify the State of Florida Department of Transportation.
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(President or Vice President)
ATTEST: (SEAL)
(Secretary or Assistant Secretary)
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY THAT on this day before me,the undersigned authority,personally appeared -
and
Officers respectively,of - . _,a Corporation registered
to transact business in the State of Florida, and they severally acknowledged before me that they executed
the above and foregoing instrument as such officers of said Corporation, and that they affixed thereto the
official seal of said Corporation,and the said instrument is the act and deed of said Corporation.
WITNESS my signature and official seal at
in the County and State above mentioned,this day of
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(NOTARY SEAL) Notary Public
State of Florida at Large
• For execution by corporations claiming exemption for the mason that corporate stocks ere regiate►ed with the Fedarsi Securities Exchame
Commission or registered with Florida Oepartrnent or Sulking end France pursuant to Chapter 517,Florida Statutes
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD s - P O
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*Cir �� MIAMI BEACH,FLORIDA 33119-2032
CITY ATTORNEY TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. 635- qEI)
DATE: NOVEMBER 17, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY C ISSION
FROM: LAURENCE FEINGOLD a
CITY ATTORNEY
RE: POLICY REQUIRING THE IDENTIFICATION OF THE PRINCIPALS OF
ENTITIES WISHING TO SELL REAL PROPERTY TO THE CITY
At the request of Commissioner Sy Eisenberg, the attached
Resolution requests full disclosure of the names of all owners
selling real property to the City of Miami Beach and is submitted
for Commission approval.
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AGENDA
ITEM
DATE — J-siq
700 CONVENTION CENTER DRIVE — FOURTH FLOOR— MIAMI BEACH FLORIDA 33139