2017-4111 Ordinance ORDINANCE NO. 2017-4111
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; DISCLOSURES", BY CONFORMING THIS CODE
SECTION'S LOBBYIST REGISTRATION REQUIREMENT TO THE PROSCRIPTION
SET FORTH IN CODE SECTION 2-491 PROHIBITING CAMPAIGN CONSULTANTS
AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY
COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT
ELECTED OFFICIAL(S); PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN 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 entitled "Registration; disclosures", is hereby amended, in
part, to read as follows:
Sec. 2-482. Registration; disclosures.
(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:
(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.
a. A lobbyist who has within the past election cycle provided campaign consulting
services to an incumbent member of the City Commission (which lobbying activity is
not otherwise prohibited by Code section 2-4911) shall disclose such particular service
on his/her lobbyist registration form and shall orally disclose such particular service
before lobbying the City Commission at a public meeting.
* * *
1 "No campaign consultant shall lobby the City Commission for a period of 12 months following the
swearing in of any elected official(s) for whom the campaign consultant provided campaign consulting
services within the past election cycle." City Miami Beach Code sec.2-491(A), et. sec.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE. Al;
This Ordinance shall take effect the ,� day of AtoJ 2017.
PASSED and ADOPTED this .G day of 7// , 4
ATTEST:
Philip Le 1, e
Mayor
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Rath: E. `' ado
City Clerk 4r�
E,9C1 .�
Requested by Commission 4 •
* :INCORP ORATED.
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6 .0.V.2,•
APPROVED AS TO
FORM&LANGUAGE
&FOR EXEEUTION
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City Attorney Gate
F.\ATTO\AGUR\Comm Meetings\06-28-17\Ord.CMB Code 2-482 JO 06.28.17.docx
Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 26, 2017
9:50 a.m. Second Reading Public Hearing
SUBJECT 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; DISCLOSURES", BY CONFORMING THIS CODE
SECTION'S LOBBYIST REGISTRATION REQUIREMENT TO THE
PROSCRIPTION SET FORTH IN CODE SECTION 2-491 PROHIBITING
CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES
FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO
SWEARING IN OF SUBJECT ELECTED OFFICIAL(S); PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached memorandum and proposed Ordinance.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
❑ Second Reading Commission Memorandum
❑ Ordinance
Page 1207 of 2495
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
RAUL J.AGUILA,CITY ATTORNEY
COMMISSION MEMORANDUM
Second Reading
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J.AGU *-Q-- (_r
CITY ATTO
DA 1'E: JULY 26, 2017
SUBJECT: 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; DISCLOSURES", BY CONFORMING THIS
CODE SECTION'S LOBBYIST REGISTRATION REQUIREMENT
TO THE PROSCRIPTION SET FORTH IN CODE SECTION 2-491
PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN
AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY
COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN
OF SUBJECT ELECTED OFFICIAL(S); PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The City Attorney has prepared the attached ordinance as a housekeeping matter, to reflect and
incorporate the proscription set forth in Commissioner Joy Malakoff's proposed Ordinance creating Code
Section 2-491 (prohibiting Campaign Consultants and certain affiliated persons or entities from lobbying
the City Commission for 12 months subsequent to swearing in of subject elected official(s)).
Inasmuch as the City's current lobbyist registration laws require lobbyists to disclose if they provided
campaign consultant services within the past election cycle to a member of the City Commission, the
attached ordinance makes clear that such registration will reflect lobbying activity not otherwise
prohibited by Code section 2-491.
FAATTOWGUR\Comm McMietga D6.2617Wed.CMB Code 2-432 JO 06.23.17 2.d READING.don
Page 1208 of 2495