2016-29510 Reso RESOLUTION NO. 2016-29510
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A
NOVEMBER 8, 2016 CITY OF MIAMI BEACH SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION
ASKING WHETHER CITY CODE SECTION 2-485 SHOULD BE
AMENDED TO DELETE THE REQUIREMENT THAT
LOBBYISTS FILE AN ANNUAL STATEMENT DISCLOSING
COMPENSATION AND EXPENDITURES RELATED TO
LOBBYING ACTIVITIES WHEN THEY HAVE NOT RECEIVED
COMPENSATION OR INCURRED EXPENDITURES DURING
THE REPORTING PERIOD.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2016,
for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts as determined by the Miami-Dade County Election
Officials as set forth in the attached Exhibit "A"1.
As of date, the City of Miami Beach has not received from the Miami Dade County Elections
Department the final list of polling places for the City's November 8, 2016 Special Election. Accordingly,
attached to this Resolution is a list of polling places from the City's March 15, 2016 Special Election,
which upon receipt from the County, will be superseded by the Department of Elections' list of polling
places for the City's subject November 8, 2016 Special Election, which list of polling places for the City's
November 8, 2016 Special Election will be publicly noticed by the City.
SECTION 4.
Not less than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 8TH DAY OF NOVEMBER, 2016, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
Lobbyists' annual disclosure of expenditures/compensation.
City Code section 2-485 requires that lobbyists file annual
statements listing all lobbying expenditures and
compensation received for the preceding calendar year
regarding each issue the lobbyist was engaged to lobby,
such statement to be filed even if there were no such
expenditures or compensation. Shall this Code section be
amended to provide that annual statements need not be filed
by lobbyists if there have been no such expenditures and
compensation during the reporting period?
Yes
No
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 8,
2016, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
Lobbyists' annual disclosure of expenditures/compensation.
City Code section 2-485 requires that lobbyists file annual
statements listing all lobbying expenditures and
compensation received for the preceding calendar year
regarding each issue the lobbyist was engaged to lobby,
such statement to be filed even if there were no such
expenditures or compensation. Shall this Code section be
amended to provide that annual statements need not be filed
by lobbyists if there have been no such expenditures and
compensation during the reporting period?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on October 11, 2016. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 2700 N.W. 87`h Avenue, Dora!, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this /3 day of .J�( � , 2 , .
ATTEST: 7,'/
7 �r/y.
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PHILIP LEVINE(' 0
/ MAYOR
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RAFAEL E. GRANADO �� • .`\ 0��
CITY CLERK 1%;\ ti ..0 ,.,
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INCORP ORATED: *
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APPROVED AS TO
FORM & LANGUAGE
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City Attorney Date
CITY CODE SECTION 2-485:
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT
NOVEMBER 8, 2016 SPECIAL ELECTION.
I. BALLOT QUESTION:
Lobbyists' annual disclosure of expenditures/compensation.
City Code section 2-485 requires that lobbyists file annual statements listing
all lobbying expenditures and compensation received for the preceding
calendar year regarding each issue the lobbyist was engaged to lobby,
such statement to be filed even if there were no such expenditures or
compensation. Shall this Code section be amended to provide that
annual statements need not be filed by lobbyists if there have been no
such expenditures and compensation during the reporting period?
Yes
No
II. PROPOSED AMENDED CITY CODE TEXT:
City Miami Beach Code, Sec. 2-485. - List of expenditures; fee disclosure;
reporting requirements.
(a) On February 282 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 not be filed
even if there have been no expenditures or and compensation during the
reporting period but if there have been expenditures and/or compensation
then a statement shall be filed listing such detail. 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
2 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 [subsection] (a)
above.
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 April 30
shall be automatically suspended from lobbying until all fines are paid, unless the
fine has been appealed to the Miami DadeCounty EthicsCommission.
(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.
(f) 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.
MIAMI BEAC ',
MIAMI BEACH SPECIAL ELECTION
NOVEMBER 8, 2016
MIAMI BEACH PRECINCTS LIST
Polling Name Location Polling Name Location
Place No Place No.
011 Biscayne Elementary 80077 Street 030 Miami Beach 2000 Convention
School Botanical Garden Center Drive
013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty
Library Avenue Avenue
D14 North Shore Park Youth 501 72 Street 032 Miami Beach Regional 227 22 Street
Center Library
D15 Normandy Shores Golf 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie
Club High School Avenue
018 Indian Creek Fire 6860 Indian Creek 036 Miami Beach Police 999 11 Street
Station#4 Drive Athletic League
019 Normandy Park&Pool 70(00 Trouville 037 Miami Beach City HaLl 1700 Convention
Esplanade Center Drive
020 Ronald W.Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue
Center Drive Post€f3559
023 Nam Beach Fire 5303 Collins 040 South Pointe 1050 4 Street
Station#3 Avenue Elementary School
024 Nautilus Middle School 4301 N. Michigan 041 South Shore 833 B Street#2
Avenue Community Center
025 St. John's on the Lake 4760 Pine Tree 042 Feinberg Fisher K-B 601 14 Place
Methodist Church Drive Center School
028- - Temple Beth Shalom 4144 Chase 043 Miami Beach Police 1100 Washington
Avenue Department Avenue
029 North Beach 410D Prairie 048 Rebecca Towers 200 Alton Road
Bementary School Avenue
Please note that the above list is subject to change, if needed.
The voting precincts for the November 8, 2016 City of Miami Beach Special Election shall be as established by the Miami-
Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which
the official registration books show that the electors reside. All questions concerning voting (locations and voting precincts
should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue„ Dora', Florida 33172; Telephone:
305.499.VOTE(8683)or TTY:305.499.8480.
Rafael E. Granada, City Clerk
City of Miami Beach
AD 1182
EXHIBIT A
MAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
FROM: Raul J. Aguila, City Attorney9Q
DATE: July 13, 2016
SUBJECT: RESOLUTION CALLING CITY'S NOVEMBER 8, 2016 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER CITY CODE SECTION 2-485 SHOULD BE AMENDED TO
DELETE THE REQUIREMENT THAT LOBBYISTS FILE AN ANNUAL
STATEMENT DISCLOSING COMPENSATION AND EXPENDITURES
RELATED TO LOBBYING ACTIVITIES WHEN THEY HAVE NOT
RECEIVED COMPENSATION OR INCURRED EXPENDITURES
DURING THE REPORTING PERIOD.
The attached Resolution has been prepared calling for a City of Miami Beach Special
Election to be held on November 8, 20161 1for the purpose of submitting to the City's
voters the following ballot question:
City Code section 2-485 requires that lobbyists file annual
statements listing all lobbying expenditures and
compensation received for the preceding calendar year
regarding each issue the lobbyist was engaged to
lobby, such statement to be filed even if there were no
such expenditures or compensation. Shall this Code
section be amended to provide that annual statements
need not be filed by lobbyists if there have been no such
expenditures and compensation during the reporting
period?
As more specifically stated in his attached correspondence, Joseph Centorino,
Executive Director of the Miami-Dade County Commission on Ethics and Public Trust,
initiated the request for the above Code amendment based upon his concern that a
"...substantial amount of Ethics Commission staff time spent on appeals relating to fines
imposed on lobbyists who did not have any expenditures or compensation during the
1 On November 8, 2016, the Miami-Dade Elections Department will be conducting the Countywide
"General Election" — the City of Miami Beach has been authorized by County DOE to place ballot
measures on this Ballot.
Agenda Item R1 z
Date '1-i3-k
November 8, 2016 Special Election
July 13, 2016
Page 2
reporting period", appears not to serve a significant public purpose. Inasmuch as the
subject Code amendment would lessen the stringency of the City's ethics Code (by
deleting requirement that lobbyists file annual statements listing all lobbying
expenditures and compensation received for the preceding calendar year even
if there were no such expenditures or compensation), voter approval is required in
order to effect such Code amendment2.
In consideration of this matter, the City Attorney has consulted the City Clerk (as the
City personnel responsible for oversight of the City's lobbyist laws), and the Clerk has
provided the following information which may be useful in the Commission's deliberation
of this matter:
For reports due in 2015, 528 lobbyists were required to submit annual financial
disclosure statements.
• Of the 528 lobbyists, 107 (20.3%) filed an appeal with the County Ethics
Commission to reduce/eliminate fines incurred for untimely filing of the disclosure
statement.
• Of the 107 lobbyist filing appeals, only 17 reported any type of compensation or
expenditures (15.9%), leaving 90 (84.1%) of the lobbyists who appealed with no
compensation or expenditures to report.
Final note: Today is the City Commission's last regularly-scheduled Commission
meeting prior to the August 9, 2016 deadline date by which the County Elections
Department must receive municipal Resolutions placing ballot measures on the
November 8, 2016 ballot.
2 See, City Charter at section 1.05
From: Centorino, Joseph (COE) [mailto:CENTORI @miamidade.gov]
Sent: Tuesday, March 22, 2016 12:56 PM
To: Aguila, Raul
Cc: Murawski, Michael P. (COE); Isch23 @comcast.net
Subject: LOBBYIST REGISTRATION FEE ISSUE
Raul:
The request we recently discussed is for the City of Miami Beach to consider an ordinance change removing the
requirement that a lobbyist file an annual expenditure statement for a calendar year in which the lobbyist makes
no expenditure on behalf of any client.
This requirement has led to numerous investigations by the Ethics Commission staff to locate and communicate
with registered lobbyists, notify them of their failure to file, and to bring each of these matters to the Ethics
Commission for resolution at a public meeting. Due to the administrative fine imposed in these cases on a per
diem basis, some of these cases are presented to the Commission with a presumptive fine totaling in the tens of
thousands of dollars. The fines are routinely waived by the Commission for first offenders, due to the relative
insignificance of the offense of a lobbyist's failure to report that he or she had nothing to report. The fines
imposed are almost always drastically reduced by the Ethics Commission because of the obvious
disproportionality of the penalty to the offense.
Most of the violators are not regular lobbyists, but individuals who are retained to work on a particular issue and
are unfamiliar with filing requirements. We expend a substantial amount of staff time on these cases, which seem
not to serve a significant public purpose. The members of the Ethics Commission, who encouraged me to seek
this change, have expressed frustration with cases that fail to promote an image that the Ethics Commission deals
with serious ethical issues deserving of the attention of an important quasi-judicial body. We have no problem in
dealing with those who fail to report expenditures actually incurred in lobbying, but the prosecution of the
technical failure to file a statement listing no expenditures, punishable by unrealistic and draconian fines, is a
poor use of the resources of any public agency.
Please note that this issue has already been raised with the Miami-Dade County Commission, which previously
had the same requirement in the County lobbyist ordinance. At the request of the Ethics Commission, the County
Commission amended the ordinance to dispense with the filing requirement if no expenditures have been incurred
during the reporting period.
I would be happy to appear before the Miami Beach City Commission to discuss the approval process for a similar
amendment to the Miami-Beach lobbyist ordinance.
Sincerely,
Joe
Joseph M. Centorino
Executive Director and General Counsel Miami-Dade Commission
on Ethics and Public Trust
19 W. Flagler Street, Suite 820 Miami, FL 33130
Tel: (305) 579-2594
Fax: (305) 579-0273
ethics.miam idade.go v