Ordinance 98-3161 ORDINANCE NO. 98-3161
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY
CREATING SECTION 118-31 ENTITLED "DISCLOSURE
REQUIREMENT" BY REQUIRING DISCLOSURE OF CONSIDERATION
PROVIDED OR COMMITTED TO SUPPORT OR WITHHOLD
OBJECTION TO A REQUESTED APPROVAL, RELIEF OR OTHER
ACTION FROM THE PLANNING BOARD, DESIGN REVIEW BOARD,
HISTORIC PRESERVATION BOARD (INCLUDING JOINT BOARD), OR
BOARD OF ADJUSTMENT AND PROVIDING PENALTIES FOR
NONCOMPLIANCE; PROVIDING FOR INCLUSION IN THE CODE OF
THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS,the Commission of the City of Miami Beach desires to encourage open and full
public debate and ensure procedural integrity with respect to review and consideration by the City's
land use boards of applications and requests before same;
WHEREAS,payments and other consideration paid to neighbors and potential objectors in
order to reduce opposition to a land use application does not further the above described goal; and
WHEREAS, to further the goal of full disclosure and integrity in the review process, and
to allow members of the City's land use boards to receive all relevant information regarding an
application,the City desires to impose a disclosure requirement on all parties requesting approval,
relief or other action from the land use boards.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Section 118-31, entitled "Disclosure requirement" of Chapter 118, entitled
"Administration and Review Procedures," of the Code of the City of Miami Beach,Florida is hereby
created as follows:
Sec. 118-31. Disclosure requirement.
Each person or entity requesting approval, relief or other action from the planning board,
design review board, historic preservation board (including the joint design review board/historic
preservation board),or the board of adjustment shall disclose,at the commencement(or continuance)
of the public hearing(s), any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action, excluding
from this requirement consideration for legal or design professional services rendered or to be
rendered. The disclosure shall: (i) be in writing, (ii) indicate to whom the consideration has been
provided or committed, (iii) generally describe the nature of the consideration, and(iv) be read into
the record by the requesting person or entity prior to submission to the secretary/clerk of the
respective board. Upon determination by the applicable board that the foregoing disclosure
requirement was not timely satisfied by the person or entity requesting approval, relief or other
action as provided above, then (i) the application or order, as applicable, shall immediately be
deemed null and void without further force or effect, and (ii) no application from said person or
entity for the subject property shall be reviewed or considered by the applicable board(s) until
expiration of a period of one (1) year after the nullification of the application or order. It shall be
unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of this
Section 118-31 and such circumvention shall be deemed a violation of the disclosure requirements
of this Section 118-31.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA
It is the intention of the City Commission,and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that
the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 26th day of December , 1998.
PASSED and ADOPTED this 16th day of December , 1998.
A TEST: MAYOR
flakats(A_
CITY CLERK
APPROVED AS TO
TS
F\A: TTO\GAUD\ORD\DISREQ.OR7 FORM& LANGUAGE
& FOR EXECUTION
1st reading 12/2/98
2nd reading 12/16/98
C � �
i
Iy rr►oy
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
i tt p:\\ci.m iam i-beac h.fl.us
COMMISSION MEMORANDUM NO. 8 1-�j 8
TO: Mayor Neisen O. Kasdin and DATE: December 16, 1998
Members of the City C. mission
FROM: Sergio Rodriguez
City Manager '-
f
SUBJECT: Second Rea i ing - An Ordinance of the Mayor and City Commission of the
City of Miami Beach,Florida Amending the Code of the City of Miami Beach,
Florida, Amending Chapter 118 Entitled "Administration and Review
Procedures," by Creating Section 118-31 Entitled "Disclosure Requirement"
By Requiring Disclosure of Consideration Provided or Committed to Reduce
Opposition to a Requested Approval,Relief or Other Action from the Planning
Board, Design Review Board, Historic Preservation Board (Including Joint
Board), or Board of Adjustment; Providing for Inclusion in the Code of the
City of Miami Beach,Florida; Repealer; Severability; and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance,with the inclusion of further additional amending language
clarifying that the subject ordinance does not apply to payments for professional services.
BACKGROUND
At the City Commission meeting of September 9, 1998, the consideration of an amendment to the
Land Development Regulations (LDR's) of the City Code which would require that an applicant
before the Planning Board, Board of Adjustment, Design Review Board or Historic Preservation
Board (including Joint Board) disclose any payments made to silence objectors to the applicant's
project was referred to the Planning Board at the request of Commissioner Shapiro. Upon referral,
the City Attorney's Office drafted the proposed amendment.
Subsequently, Commissioner Smith had recommended that additional language be incorporated
which would also require disclosure of payments made to encourage statements of approval, as well
as objection to said projects. Language to that effect was drafted by the City Attorney's Office as an
alternative to be incorporated into the ordinance. On October 20, 1998, the Planning Board
unanimously recommended that the Commission approve the amending ordinance, including the
additional amending language broadening the disclosure requirement to cover agreements to object,
not to object, or to support said applications.
AGENDA ITEM
DATE I Z- b`�
•
At its December 2, 1998 meeting, the City Commission approved the proposed ordinance on first
reading,including the language broadening the disclosure requirement to cover agreements to object,
not to object, or to support, as recommended by the Administration, and directed that the ordinance
be further modified to include penalties for non-compliance. It is this amended version of the
ordinance that is before the Commission today.
ANALYSIS
This proposed amendment stems from recent cases which have come to light, wherein developers
of certain development projects have paid money to parties who may otherwise have objected to the
subject projects,thereby insuring that no objections were raised regarding said projects (see attached
newspaper article).
The practice of paying neighbors and potential objectors in order to reduce opposition to a land use
application has become controversial. The Commission has voiced their concern that it discourages
open and full public debate and in some way taints procedural integrity with respect to review and
consideration by the City's land use boards on applications and requests before them.
To address these issues, the proposed amendment would require that any applicant requesting
approval, relief or other action from the Planning Board, Design Review Board, Historic
Preservation Board(including the Joint Design Review Board/Historic Preservation Board), or the
Board of Adjustment will be required to disclose any consideration provided for in an agreement not
to object to the requested approval, relief or action. The disclosure would be required at the
commencement of the public hearing. The disclosure would be required to be in writing and to
indicate to whom the consideration has been provided. The exact nature of the consideration would
be required to be described,and the disclosure would then be read into the record prior to submission
to the secretary/clerk of the respective board.
The ordinance approved at first reading also contains the requirement for the same type of disclosure
for any consideration provided or committed for an agreement to support or object to said
applications. This provision broadens the disclosure requirements to include agreements to object,
not to object, or to support said applications.
The City Attorney's Office has drafted additional language to address the following:
a) Penalties for non-compliance
Penalties for failing to satisfy the disclosure requirement would be the immediate nullification of the
application or order, and a restriction on re-application from said person or entity for the period of
one year. This provision was added to the ordinance at first reading, and is shown as shaded text in
the body of the ordinance before the Commission today.
b) Clarification regarding professional services
Additional amending language has also been added to the proposed ordinance which would clarify
that the ordinance does not apply to payment for professional services. This provision is intended
to ensure that, for example, applicants are not required to disclose the amount of money paid to
attorneys and architects representing their projects. This provision is shown as italic text in the body
of the ordinance before the Commission today.
•
CONCLUSION
Regarding the proposed amendment which is before the Commission today, the requirement for
disclosure of consideration would encourage full and open public debate and ensure procedural
integrity in the review process. Based on the foregoing, the Administration recommends that the
Commission adopt, upon second reading public hearing, the proposed amending ordinance to
Section 118-31 of the Code of the City of Miami Beach, Florida, including the additional amending
language adding penalties for non-compliance and clarifying that the ordinance does not apply to
payment for professional services.
SRO\1 G\RL\rl
F:\PLAN\$ALL\CC MEMOS\1368CMM2.WPD
ORDINANCE NO. 98-3161
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING, CHAPTER 118
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY
CREATING SECTION 118-31 ENTITLED "DISCLOSURE
• REQUIREMENT" BY REQUIRING DISCLOSURE OF CONSIDERATION
PROVIDED OR COMMITTED TO SUPPORT OR WITHHOLD
OBJECTION TO A REQUESTED APPROVAL, RELIEF OR OTHER
ACTION FROM THE PLANNING BOARD, DESIGN REVIEW BOARD,
HISTORIC PRESERVATION BOARD (INCLUDING JOINT BOARD), OR
BOARD OF ADJUSTMENT AND PROVIDING PENALTIES FOR
NONCOMPLIANCE; PROVIDING FOR INCLUSION IN THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS,the Commission of the City of Miami Beach desires to encourage open and full
public debate and ensure procedural integrity with respect to review and consideration by the City's
land use boards of applications and requests before same;
WHEREAS,payments and other consideration paid to neighbors and potential objectors in
order to reduce opposition to a land use application does not further the above described goal; and
WHEREAS, to further the goal of full disclosure and integrity in the review process, and
to allow members of the City's land use boards to receive all relevant information regarding an
application,the City desires to impose a disclosure requirement on all parties requesting approval,
relief or other action from the land use boards.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 118-31, entitled "Disclosure requirement" of Chapter 118, entitled
"Administration and Review Procedures," of the Code of the City of Miami Beach,Florida is hereby
created as follows:
Sec. 118-31. Disclosure requirement. -
Each person or entity requesting approval, relief or other action from the planning board,
design review board, historic preservation board (including the joint design review board/historic
preservation board).or the board of adjustment shall disclose,at the commencement(or continuance)
of the public hearing(s). any consideration provided or committed, directly or on its behalf. for an
agreement to support or withhold objection to the requested approval, relief or action, excluding
from this requirement consideration for legal or design professional services rendered or to be
rendered. The disclosure shall: (i) be in writing, (ii) indicate to whom the consideration has been
provided or committed, (iii)generally describe the nature of the consideration, and (iv) be read into
the record by the requesting person or entity prior to submission to the secretary/clerk of the
•
respective board. Upon determination by the applicable board that the foreaoina disclosure
requirement was not timely satisfied by the person or entity requesting approval, relief or other
action as provided above, then (i) the application or order, as applicable, shall immediately be
deemed null and void without further force or effect, and (ii) no application from said person or
entity for the subject property shall be reviewed or considered by the applicable board(s) until
expiration of a period of one (1) year after the nullification of the aprilication or order. It shall be
unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of this
Section 118-31 and such circumvention shall be deemed a violation of the disclosure requirements
of this Section 118-31.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA
It is the intention of the City Commission,and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention;and that
the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 26 t h day of December , 1998.
PASSED and ADOPTED this 16th day of December , 1998.
PP/J/.
A TEST: MAYOR
14)
CITY CLERK
DGF,EG APPROVED AS TO
F:\ATTOIGRLD\ORD\DISREQ.OR7 FORM & LANGUAGE
FOR EXECUTION
1st reading 12/2/98
2nd reading 12/16/98
Ci .&nay
llI .
,
_1-1 cn , •
. .-
r— „ Ew -�
w
O
4-4
?
U U