2002-3376 ORD
ORDINANCE NO. 2002-3376
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", REQUIRING ANNUAL DISCLOSURE BY LOBBYISTS
OF COMPENSATION RECEIVED FOR THE PRECEDING YEAR, AND
EXEMPTING FROM THE FEE DISCLOSURE REQUIREMENT PERSONS
LOBBYING ON BEHALF OF NON-PROFIT ENTITIES WITHOUT
COMPENSATION FOR SAID APPEARANCE; 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 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 eity as well as compensation received. for the preceding calendar year. A
statement shall be filed even ifthere 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 tto 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 has-eF will be paid concerning the
subject lobby services, a statement shall nonetheless be filed reflecting as such.
~ Any person who only appears as a representative of a nonprofit corporation or entity
(such as a charitable organization, a neighborhood or home owner association. a local chamber of
commerce or trade union). without special compensation for the appearance. whether direct or
indirect, to express support of or opposition to any item. shall. in addition to not having to register as
a lobbyist per City Code Section 2-482(h). be further exempt from this Section's requirement offee
disclosure,
(ej@ 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.
td) W 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.
te) ill The city clerk shall notify the Miami-Dade County Commission on Ethics and Public
Trust ofthe failure of a lobbyist (or principal) to file either ofthe reports referenced above andlorpay
the assessed fines after notification.
fi} (g) 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,
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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 ofth~ 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 may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION S.
EFFECTIVE DATE
This Ordinance shall take effect the 10th day of August
,2002.
PASSED and ADOPTED this 31st day of
,2002,
ATTEST:
~rr~
CITY CLERK
(Requested by Commissioner Matti H, Bower and
recommended by Community Affairs Committee)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Underline reflects suggests language to be added,
Strike ta.tl reflects suggests language to be deleted,
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that publiC heartngs will be held by the Mayor and City Commission of the City of Miami Beach, Aortda, In the Commission
Chambers. 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 31,2002. at the times listed below, to consider the
following on first reading:
at 10:35 a.m.:
AN OROINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DMSIDN 3, SECTION 2.485 THEREOF ENTITLED "UST DF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS," REOUIRING ANNUAL DISCLOSURE BY LDBBYISTS OF COMPENSATION RECEIVED FOR THE PRECEDING YEAR, AND EXEMPTING
FROM THE FEE DISCLOSURE REQUIREMENTS PERSONS LOBBYING ON BEHALF OF NON-PRDFIT ENTITIES WITHOUT CDMPENSATION FOR SAID APPEARANCE;
PROVIOING FOR REPEALER, SEVERABILITY, COOIFICATION, AND EFFECTIVE DATE.
at 10:40 a.m.:
AN DRDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE, ENTITLEO "ADMINISTRATION," BY AMENDING ARTICLE VII THEREOF, ENTITLED
"STANDARDS OF CDNOUCT," BY AMENDING DIVISIDN 4, ENTITLED "PROCUREMENT," BY AMENDING SECTION 2,486, ENTITLED "CONE OF SILENCE"; SAID
AMENDMENT PROVIDING FOR THE CREATION OF A NEW SUBSECTIDN 2.4B6(D) AFFIRMATIVELY STATING THAT THE REQUIREMENTS OF SECTION 2.11.1 m OF
THE CODE DF MIAMI. DADE COUNTY, FLORIDA (THE CDUNTY'S CONE OF SILENCE ORDINANCE) SHALL NOT APPLY TO THE CITY OF MIAMI BEACH, FLORIDA;
PROVIOING FURTHER FOR REPEALER; SEVERABILITY; CODIFICATION, AND AN EFFECTIVE DATE; AND INSTRUCTING THE CITY CLERK, FOLLOWING THE
EFFECTIVE DATE OF THIS ORDINANCE, TO TRANSMIT A COPY OF SAME TO THE MIAMI.DADE COUNTY COMMISSION ON ETHICS.
at 10:45 e.m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII THEREOF.
ENTITLED "STANDARDS OF CONDUCT", BY AMENDING OIVISION 4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2.4B6, ENTlTLEO 'CONE OF
SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL CDMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR
QUALIFICATIONS (RFQ'S), AND INVITATION FDR BIDS (BIDS), BETWEEN THE MAYDR AND CITY CDMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY
POTENTIAL VENDOR. SERVICE PROVIDER, BIDDER, LOBBYIST, DR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABiliTY, AND AN EFFECTIVE DATE.
Inquirtes may be directed to the Legal Department at (305) 673-7470.
It 5:01 p.m.: .
AN OROINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE DF THE CITY OF MIAMI BEACH, FLORIDA, CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," DIVISiON 2, "RS.1, RS.2, RS'3, RS.4 SINGLE.FAMILY RESIDENTIAL OISTRICT"; SECTION 142.105 "DEVELOPMENT
REGULATIONS ANO REQUIREMENTS," BY INCLUDING LOT COVERAGE AND STRUCTURE SIZE REQUIREMENTS; SECTION 142.106 "SETBACK REQUIREMENTS
FOR SINGLE.FAMILY OETACHED OWELlING" BY MODIFYING SETBACK REQUIREMENTS; DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS"; SECTION
142.1132 'ALLOWABLE ENCROACHMENTS," BY MODIFYING THE REGULATIONS FDR ACCESSDRY BUILDINGS IN SINGLE FAMilY DISTRICTS; DMSIDN 5,
'HEIGHT REGULATIONS," SECTION 142-1161 "HEIGHT REGULATIONS EXCEPTIONS," BY CLARIFYING EXCEPTIDNS IN SINGLE.FAMILY DISTRICTS; PROVIDING
CODIACATIDN, REPEALER, APPLICABILITY, SEVERABILITY, ANO AN EFFECTIVE OATE.
Inqulrtes may be directed to the Planning Depertment at (305) 673.7550.
,':
ALL INTERESTED PARTIES are invrted to appear at this meeting, or be represented by an agent, or to elCllress their views In wrtt1ng eddressed to the
City Comm~slon, c/o the City Clerk, 1700 Conven~on Center Drive, 1st Floor, City Hell, Miami Beech, Florida 33139. Copies of these ordinances are avellable
for public Inspection during nonmel business hours in the City Clerk's Dffice, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beech, Flortda 33139.
This meeting may be continued and under such circumstances addl11one1legel notice would not be provided.
Robert E. Parcher, CIty Clerk
City of Miami Beech
Pursuant to Section 286.0105, Fis. Stat" the City hereby advises the public thet n a person decides to appeal any dec~fon made by the 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 te81lmony and evidence upon which the appeal Is to be based. This no~ce does not constlMe 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.
In accordance with the Amertcans with Disablll~es Act of 1990, persons needing special accommoda~on to participate In this proceeding should conlect the
City Clerk's office no late, than four days prtor to the proceeding, telephone (305) 673.7411 for assistance; n hearing impelrad, telephone the Flortde Relay
Service numbers, (800) 955.6771 (TOO) or (800) 955.6770 (VOICE), for assistance.
(Ad #0121)
OFFICE OF THE CITY ATTORNEY
<6~ elJ/Uomi lIeruA
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: JULY 31, 2002
TO:
MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION
MURRAY H. DUBBIN (K9A?
CITY ATTORNEY
SECOND READING
PUBLIC HEARING
FROM:
SUBJECT: AMENDMENT TO CITY CODE SECTION 2-485, "LIST OF EXPENDITURES;
FEE DISCLOSURE; REPORTING REQUIREMENTS".
The attached ordinance has been drafted for housekeeping purposes in an effort to clarify the
legislation adopted by the City Commission on May 8, 2002 requiring lobbyists to disclose their fees; the
proposed amendment before you today clarifies City Code Section 2-485 by mandating compensation
disclosure oflobbyists on an annual basis, as well as exempting from the disclosure requirement lobbyists
who represent non-profit entities without any special compensation for said representation.
The attached ordinance is thus ready for Commission review.
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Attachment
Agenda Item 115 A
1700 Convention Center Drive - Fourth Floor - Miami Beac Date 7- 3/-o::L