2010-3689 OrdORDINANCE NO. 2010-3689
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 ENTITLED "LOBBYISTS",
SECTION 2-482 THEREOF ENTITLED "REGISTRATION"
SO AS TO CLARIFY THAT THE ANNUAL LOBBYIST REGISTRATION
FEE IS REQUIRED TO BE PAID FOR EACH TWELVE MONTH PERIOD
COMMENCING OCTOBER 1 OF EACH YEAR; AND AMENDING CITY
CODE SECTION 2-485 THEREOF ENTITLED "LIST OF EXPENDITURES;
FEE DISCLOSURE; REPORTING REQUIREMENTS", SO AS TO CHANGE
ANNUAL REPORTING DATE FOR LOBBYIST EXPENDITURE AND FEE
DISCLOSURE FROM OCTOBER 1 TO FEBRUARY 28, AND CHANGING
CORRESPONDING ANNUAL DATE FOR POST-DELINQUENCY
LOBBBYIST SUSPENSION DUE TO FAILURE TO FILE REPORT AFTER
IMPOSITION OF PENALTY FROM DECEMBER 1 TO APRIL 30;
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, Article VII, Division 3 entitled "Lobbyists",
Section 2-482 thereof is hereby amended to read as follows:
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 of $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.
(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.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(f) In addition to the $350.00 per issue registration fee required in subsection (a) of this section,
annual registration of all lobbyists shall be required pr~er~e for each twelve month period
commencing October 1 of each year; and the fee for such annual registration shall be $500.00, as
specified in appendix A.
(g) 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 city 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 for the purpose of recording, transcribing,
administration, and other costs incurred in maintaining these records for availability to the public.
There shall be no fee required for filing a notice of withdrawal, and the city commission may in
its discretion, waive the registration fee upon a finding of financial hardship. Prior to conducting
any lobbying, all principals must file a form with the city clerk, signed by the principal or the
principal's representative, stating under oath that .the lobbyist is authorized to represent the
principal. Failure of a principal to file the form required by the preceding sentence may be
considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a
responsible contractor. Each principal shall file a form under oath with the city clerk at the point
in time at which a lobbyist is no longer authorized to represent the principal. Any person (except
those exempt from the definition of "lobbyist" as set forth in section 2-481 above) who only
appears as a representative of anot-for-profit corporation or entity without special compensation
or reimbursement for the appearance, whether direct or indirect to express support of or
opposition to any item, shall register with the clerk as required by this section but, shall not be
required to pay any registration fees. Copies of registration forms shall be furnished to each
commissioner or other personnel named on the forms. .
(i) 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. 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.
(j) 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.
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SECTION 2. That Miami Beach City Code Chapter 2, Article VII, Division 3 entitled "Lobbyists",
Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
(a) On February 28th ' 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, as well as compensation received, for the preceding
calendar year with regard to the specific issue on which the lobbyist has been engaged to
lobby. A statement shall be filed even if there have been no expenditures or compensation
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.
(b) Each lobbyist and his/her principal shall, before engaging in any lobbying activities, submit
to the city clerk a joint signed statement under oath disclosing 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. If no compensation will be paid concerning the
subject lobby services, a statement shall nonetheless be filed reflecting as such.
(c) Any change to information originally filed shall require that the lobbyist (and principal under
subsection (b) above) file, within three business days from such changed circumstances, a signed
statement under oath amending the above-referenced reports; additionally, in the event official
action on the specific lobbied issue is scheduled to occur during said three day period, the
lobbyist and principal shall prior to said official action, further disclose the amendment by
publicly stating on the record at which the official action is to occur the subject amendment. The
lobbyist and principal have a continuing duty to supply accurate information and amend said
reports when so needed.
(d) The city clerk shall notify any lobbyist (or principal) who fails to timely file the
expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to
any other penalties which may be imposed as provided in section 2-485.1, a fine of $50.00
per day shall be assessed for reports filed after the due date. Any lobbyist who fails to file
the required expenditure report by ~leeen}ber-~ A ),~ x1130 shall be automatically suspended
from lobbying until all fines are paid, unless the fine has been appealed to the Miami Dade
County Ethics Commission.
(e) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust
of the failure of a lobbyist (or principal) to file either of the reports referenced above and/or pay
the assessed fines after notification.
(fj A lobbyist (or principal) 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 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.
' For purposes of transitioning this change of date and related lobbyist responsibility to timely file disclosure reports
as required hereinabove, reports for calendar years 2009 and 2010 shall be submitted to the City Clerk by February
28, 2011, with subsequent years' reports to be filed with the City Clerk by February 28 of each respective following
year, as set forth in (a) above.
3
SECTION 3. REPEALER
All .ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. 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 5. 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 6. EFFECTIVE DATE
This .Ordinance shall take effect the. 25th day of September , 2010.
PASSED and ADOPTED this 15th day of September , 2010.
ATTEST:
CITY CLE
~~ ~~
~AYOR
APPROVED AS T4
FORM & LANGUAGE
& FOR EXECUTION
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Condensed Title:
COMMISSION ITEM SUMMARY
Requesting authorization to amend the date lobbyist are required to file their annual expenditures and
compensation disclosure from October 1St for the preceding calendar year to February 28th for the preceding
calendar year.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Issue:
Should the Ci Commission a rove the ordinance on second and final readin ?
The ordinance amendment proposed is to change the disclosure due date from October 1St of each year for the
preceding calendar year to February 28th of each year for the preceding calendar year. This reduces the
reporting requirement from nine (9) months to two (2) months.
Lastly, should the City Commission authorize the City Code amendments, for the purposes of transitioning from
the October 1St date to the February 28th reporting date, it is requested that the report for 2009 and 2010 be
!submitted by February 28th, 2011.
The Administration recommends approving the ordinance.
Adviso Board Recommendation:
A roved at the Nei hborhood/Community Affairs Committee meeting of June 29
Financial Information:
Source of Funds: Amount Account
n/a 1 N/A
Financial Impact Summary:
Ci Clerk's Office Le islative Tracking:
~ Robert Parcher, extension 7411
Sign-Offs:
Robert Parcher, Department.
Director Dolores Mejia, Special Projects Coordinator Jorge: M: Gonzalez,. City Manager
RP DM JMG
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AGENDA STEM " ~~
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DA'it'fE -~ ~ ~ ~
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:. Jorge M. Gonzalez, City Manager
DATE: September 15, 2010 Se nd Reading Public Hearing
suB~ECr: 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 ENTITLED "LOBBYISTS",
SECTION 2-482 THEREOF ENTITLED "REGISTRATION" SO AS TO
CLARIFY THAT THE ANNUAL LOBBYIST REGISTRATION FEE IS
REQUIRED TO BE PAID FOR EACH TWELVE MONTH PERIOD
COMMENCING OCTOBER 1 OF EACH YEAR; AND AMENDING CITY
CODE SECTION 2-485 THEREOF ENTITLED "LIST OF EXPENDITURES;
FEE DISCLOSURE; REPORTING REQUIREMENTS", SO AS TO CHANGE
ANNUAL REPORTING DATE FOR LOBBYIST EXPENDITURE AND FEE
DISCLOSURE FROM OCTOBER 1 TO FEBRUARY 28, AND CHANGING
CORRESPONDING ANNUAL DATE FOR POST-DELINQUENCY
LOBBBYIST SUSPENSION DUE TO FAILURE TO FILE REPORT AFTER
IMPOSITION OF PENALTY FROM DECEMBER 1 TO APRIL 30;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the ordinance.
FUNDING
Not applicable.
BACKGROUND
The first reading of the ordinance was approved as amended at the July 14,. 2010
Commission Meetin~. The Administration initially proposed changing the disclosure due
date from October 1 S of each year for the preceding calendar year to January 31St of each
year for the preceding calendar year. This change reduces the reporting delay from nine
(9) months to one (1) month. At the Jul 14, 2010 Commission Meeting the City
Commission determined that the January 31 S date may not give the lobbyist ample time to
prepare their report and amended the date for lobbyist expenditure and fee disclosure from
January 31st to February 28tH.
City Code Section 2-485 (List of expenditures; fee disclosure; reporting requirements).
Paraphrasing 2-485(a), the current City Code requires that on October 1St of each year,
lobbyist subject to the lobbyist registration requirements shall submit to the city clerk a sign
statement under oath listing all lobbying expenditures and compensation received for the
PRECEDING [emphasis added] calendar year. This requirement has created, a
tremendous amount of follow-up work each year for the city clerk's office due to the fact
that the reporting period is nine (9) months after the end of the calendar year.
The ordinance amendment proposed is to change the disclosure dh a date from October 1St
of each year for the preceding calendar year to February 28 of each year for the
preceding calendar year. This reduces reporting delay from nine (9) months to two (2)
months.
In addition, City Code Section 2-485 (d), requires the city clerk to notify any lobbyist who
fails to timely file the disclosure report by December 1 St shall automatically be suspended
from lobbying until the $50 per day fine is paid or the lobbyist appeals to the Miami-Dade
County Ethics Commission. The proposed amendment changes the December 1 St date to
April 30t" which is aligned with the February 28t" reporting period.
Clarifying language is being proposed to City Code Section 2-482(f) regarding the annual
lobbyist registration. (f) "In addition to the $350 per issue registration fee required in
subsection (a) of this sections, annual registration of all lobbyist shall be required for each
twelve months period commencing October 1St of each year and the fee for such annual
registration shall be $500 as specified in Appendix A.
Lastly, should the City Commission authorize the City. Code amendments, forthe purposes
of transitioning from the October 1 St date to the February 28t" reporting date, it is requested
that the report for 2009 and 2010 be submitted by February 28, 2011.
CONCLUSION
Although the City Clerk's office will be doing the same amount of initial work to comply with
the City Code, by reducing the nine (9) month period to two (2) months will provide for
more timely responses from the lobbyist.
The Administration recommends that the Mayor and City Commission approve the
ordinance.
JMG/REP
T:\AGENDA\2010\September 15\Regular\Ordinance 2-285 Memo.doc
„ , ,,,~, ,•, _~„~~M~ ~ _~~~ _ THURSDAY, AUGUST 19, 2010 I.19NE X
- m MIAlv11 BEACH
CITY OF MIAMI BEACH:
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY .given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 15°i, 2010, to consider the following:
10:15 a:m. -- - •
Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 3 Entitled "Lobbyists", Section 2-482 Thereof Entitled "Registration" So As To Clarify That
The Annual Lobbyist Registration Fee Is Required To Be Paid For Each Twelve Month Period Commencing October 1 Of Each Year; And Amending City Code Section
2-485 Thereof Entitled "List Of Expenditures; Fee Disclosure; Reporting Requirements", So As To Change Annual Reporting Date For Lobbyist Expenditure And Fee
Disclosure.From.October 1 To February 28, And Changing Corresponding Annual Date For Post-Delinquency Lobbbyist Suspension Due To Failure To File Report After
Imposition Of Perialty From December 1 To April 30, 2010.
/`
Inquiries may be directed to the City Clerk's Office (305) 673-2411
10:20 a.m.
Ordinance Amending The Code Of The City Of Miami Beach, Florida; Amending Chapter 82, "Public Property," Article II, "Sale Or Lease Of Public Property," Sections
82-36 Through 82-40, Amending The Procedures For Sale Or Lease Of City Property; Providing For Inclusion In The Code Of The City Of Miami Beach.
Inquiries may be directed to the Real Estate, Housing & Community Development Department (305) 673- 7260.
10:40 a.m.
Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled "`Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending
Division I, Entitled "Generally," 8y Amending Section 106-55, Entitled "Parking Rates, Fees, And Penalties," By Amending Subsection (N), Entitled "Hybrid/ILEV
(Inherently Low Emissions Vehicles) Vehicles Incentive," By Amending Vehicle Participation Criteria For The Hybrid/ILEV Vehicles Incentive Program To Include Vehicles
With An ERA (Environmental Protection Agency) Rating Of Six "6" Or Higher ("Smartway" Designation) And Street Legal Electric Vehicles, Increasing'The Number Of
Reserved Hybrid Vehicle Spaces At The 42nd Street Garage From One Percent (1 %) To Two Percent (2%), Establishing One Perceht (1 %) Of The Parking Spaces At
The 7th Street Garage And 13th Street As Reserved For Hybrid Vehicles Only, And Establishing An Automatic Review Of All Hybrid Vehicle Incentives Upon Reaching
A Hybrid Permit Sales Threshold Of Five Percent (5%) Of Total Permit Sales.
Inquiries may be directed to the Parking Department (305) 673-7275
11:50 a.m.
Ordinance Amending Ordinance No.1335,The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of Annual Leave
For The American Federation Of State, County And Municipal Employees/Local No. 1554 (AFSCME).
Inquiries may be directed to the Human Resources Department (305) 673- 7520
11:51 a.m. - .
Ordinance Amending The.Miami Beach Employees' Retirement Plan; Implementing Provisions Of The 2009-2012 Collective Bargaining Agreements Between The City
And The American Federation Of State, County And Municipal Employees; Local 1554 (AFSCME), And Government Supervisors Association Of Florida/OPEIU Local
100 (GSA); Implementing Similar Retirement Plan Amendments For Members Who Are Not Included In Any Bargaining Unit; Providing For Severability; Repealing All
Ordinances In Conflict Therewith; And Providing An Effective Date
Inquiries may be directed to the Human Resources Department (305).673- 7520
11:52 a.m.. _
Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code Entitled "Pension System For Disability And Retirement
Of. Members Of. Police And Fire Departments"; Implementing Provisions Of The 2009-2012 Collective Bargaining Agreements Between The City And Fire-Fighters
Of Miami Beach; IAFF Local 1510, And The Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8; Amending Section 65 Entitled "Computation Of
Creditable Service; Service Record", Providing For The Purchase Of Additional Creditable Service Upon Completion Of Ten Years Of Service With The City; Amending
Section 66 Entitled "Service And Disability Benefits Generally", Providing For The Inclusion Of Compensation For Certain Off Duty Services In A• Member's Salary
For Pension- Purposes, And Providing For The Sale Of Unused Sick And/Or Vacation Time For Inclusion In A Member's Final Average Monthly Earnings, Subject To
Certain Limitations; Amending Section 79 Entitled "Deferred Retirement Option Plan", Providing For A Maximum. Drop Period Of Sixty Months And A Modified Cost Of
Living Adjustment During-The Drop Period; Creating A New Section 87 Entitled "Benefits For Employees Hired On Or After~July 14, 2010"; Providing For Severability;
Repealing All Ordinances In Conflict Therewith; And Providing For An Effective. Date.
Inquiries may be directed to the Human Resources Department (305) 673- 7520
11:53 a.m.
Ordinance Implementing Provisions Of The 2009-2012 Collective Bargaining Agreement Between The City And Fire Fighters Of Miami Beach, IAFF Local 1510, And
Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8; Creating A New Article !V Of Chapter 78, Miami Beach City Code Entitled "Health Benefits For
Firefighters And Police Officers.
Inquiries may be directed to the Human Resources Department (305) 673- 7520
INTERESTED PARTIES are invited to appear at this meeting, or be~represented by an agent, or to express their views in writing addressed to the City Commission,
c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach,'Florida 33139. Copies of these ordinances are available for public inspection
during normal business hours in the City Clerk's Office, i 700 Convention Center.Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the City's, web site
at www.miamibeachfl.gov. This meeting maybe continued and under such circumstances additional legal notice would not be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: if a person decides to appeal any decision made by tqe City Commission with respect
to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. _ '
To request this material inaccessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any
document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance~to~initiate ya~r request.
TTY users may also ca11711 (Florida Relay Service). , _: _ _ ~ - ~-
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