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2002-3363 ORD '0(_.1(_ , , ORDINANCE NO. 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREOF ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYISTS' FEES; 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: I) SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", 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 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 ifthere 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. IIII~_III"_". Ifno compensation has or will be paid concerning the subiect lobby services. a statement shall nonetheless be filed reflecting as such. ( ;'" <. '- . '. f @ Any change to information originally filed shall require that the lobbyist ell. principal under subsection (b ) above) file, 11__ The lobbyist . principallll. a continuing duty to supply accurate information and amend said reports when so needed. W @ The city clerk shall notify any lobbyist (or principal) who fails to timely file 6ft the expenditure or fee disclosure report~ 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. W W 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 a either of the report~ referenced above and/or pay the assessed fines after notification. W ill 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. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 I.ii...... ~ .' "- 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 ofthe remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention ofthe 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 maybe 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. 18th day of May , 2002. PASSED and ADOPTED this 8th day of 2002. ATTEST: ~<l p~ CITY CLERK MAYOR (Requested by Commissioner Matti Bower and Co-sponsored by Commissioners Simon Cruz, Jose Smith and Richard Steinberg) _ reflects changes between first and second reading. JKOIkw F:\ATIOIOUJ\RES-0RDl2-48S.0RD.DOC APPROVED ~ TO FORM & lANGUAGE & FOR EXECUllON t1"'Fa-(fJ/ Dote 3 OFFICE OF THE CITY ATTORNEY ~ tlJIOomi 1ImM F L o A D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: MAY 8, 2002 SUBJECT: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION MURRAYH.DUBBIN _~~hV CITY ATTORNEY ~~- AMENDMENTS TO MIAMI BEACH CITY CODE, CHAPTER 2, DIVISION 3, GOVERNING "LOBBYISTS". SECOND READING PUBLIC HEARING TO: FROM: Pursuant to discussion held by the Miami Beach City Commission at its March 20, 2002 meeting, attached are three proposed amendments to the City Code governing lobbyists. Specifically, these proposals would 1) require the annual disclosure of lobbyists' compensation; 2) prohibit certain representations by lobbyists of third parties; and 3) prohibit lobbyist contingency fees. The attached ordinances are in proper form and ready for City Commission review. JK.O\kw F:\A TIO\OLU\RES-ORD\MEMOS\3LOBRESO.2RD Attachments Agenda Item RSC. . CD' F hFl M' OB Date 5-$-Od- 1700 Convention enter rive - ourt oor -- lam I ea4