2004-3435 OrdinanceORDINANCE NO. 2004-3435
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 THEREOF ENTITLED
"LOBBYISTS," ESTABLISHING EXEMPTIONS FROM DEFINITION OF
"LOBBYIST," AMENDING REGISTRATION FEE PROVISIONS,
EXPANDING CONTINGENCY FEE PROHIBITION; 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,"
is hereby amended to read as follows:
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel
board, pension boards, and such other autonomous or semi-autonomous authorities, boards and
agencies as are entrusted with the day-to-day policy setting, operation and management of certain
defined functions or areas of responsibility.
Commissioners means the mayor and members of the city commission.
Community Based Organigation means a not-for-profit association or corporation organiged under
state or local law to engage in community development activities (including, but not limited to,
housing and economic development activities) and has as its primarF purpose the improvement of
the phFsical, economic or social environment bF addressing one or more of the critical needs of the
area, with particular attention to the needs of people with low or moderate incomes.
Departmental personnel means the city manager, all assistant city managers, all department heads, the
city attorney, chief deputy city attorney and all assistant city attomeys; however, all departmental
personnel when acting in connection with administrative hearings shall not be included for purposes of
this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of the city manager or any city board or
committee; or any action, decision or recommendation of any city personnel defined in any manner in
this section, during the time period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or
committee. The term specifically includes the principal ...... ' ............ ~ ...... cc. .....
I Bolder/Italicized language reflects amendments made betweenfirst and second reading.
mpl
~__, ..... + ^c .... ,. ....+ n~ ...... m ........ , .....as well as any e oyee
...... r ~_~ ...... , :_~..a~ engaged in lobbying activities. The term "Lobbyist" specifically
excludes the following persons:
Expert witnesses who provide only scientific, technical or other specialized information or testimony
in public meetings; any person who only appears as a representative of a neighborhood association
without compensation or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item; and any person who only appears as a representative of
not-for-profit community based organization for the purpose of requesting a grant without special
compensation or reimbursement for the appearance.; and emFlrc}'ccs c.f~. £rinc¢~d
sc~.Fc c.[ cmFlc.}'mcr, t d~.~s r.c.t incl'.~dc ?.Sb'r'ing acti'cltlcs.
The persons specifically excluded above from the definition of "lobbyist" shall, prior to
communicating with subject ci_ty personnel, disclose in writing to the city clerk, their name, address,
and principal on whose behalf they are communicating.
Neighborhood Association means an organi[ation of residential homeowners and tenants created
to address quality of life issues in a det~ned neighborhood or community.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such
other boards and agencies of the city that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division as to those individuals compelled to appear before said agencies.
Sec. 2-482. Registration.
(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 $!25.9.~_._~9 $25.00, as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant to
lobby;
(4) The commissioner or personnel sought to be lobbied; an~
(5) The specific issue on which he has been employed to lobby:; and
(6) 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. (See, Code
Section 2-485, herein.)
(b) Any change to any information originally filed, or any additional city commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest in
such corporation, parmership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to a
specific description where applicable of a pending request for a proposal, invitation to bid, or
public hearing number. The ciW ~'~" ~"~" ~* an2,' rcgis~aticn ~*~* .... * ~^* ..... ~'"~
Bolder/Italicized language reflects amendments made between first and second reading.
(e)t
(g)t
(i)~
Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice
of withdrawal.
In addition to the $25.00 per issue registration fee required in subsection (a) of this section;
registration of all lobbyists shall be required prior to October 1 of eyeD' even numbered each
year; and the fee for bietmiat annual registration shall be $125.00, as specified in appendix A.
T. ~;,:^- to a.~ _~ .... ~ ..... ~ ~- .... e_Every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current city commissioner or ci_ty
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
The registration fees required by subsections (a) and (19 of this section shall be deposited by
the clerk into a separate account and shall be expended ~ for the purpose of
recording, transcribing, administration, and other costs incurred in administe.dng the
provisions oftkis di;4sion maintaining these records for availability to the public. There shall
be no fee required for filing a notice of withdrawal, and the....,,~' ......... ..-...~... ~..~..~'~" city
commission may in its discretion, waive the registration fee upon a finding of financial
hardship, based upon a
.... ] ....... j ........... ~ ............ ., ........................... nc als must
file a form with the city clerk, signed by the principal or the principal's representative, stating
uader oath that the lobbyist is authorized to represent the principal. Failure of a principal to
file the form required by the preceding sentence may be considered in the evaluation of a bid
or proposal as evidence that a proposer or bidder is not a responsible contractor. Each
principal shall file a form u~der oath with the city clerk at the point in time at which a
lobbyist is no longer authorized to represent the principal. Any person (except those exempt
from the definition of"lobbyist" as set forth in Section 2-481 above) who only appears as a
representative of a nonprofit not-for-profit corporation or entity (~uch as a cha.dtab!e
~ade association~.~- ~'"~..~. .... ....,~..~,;^-~ without special compensation or reimbursement for the
appearance, whether direct~ or indirect ~ to express support of or opposition to
any item, shall ~ register with the clerk as required by this section but, shall
not be required to pay any registration fees. Copies of registration forms shall be furnished to
each commissioner or other personnel named on the forms.
All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied
..... ; ..... +- ^~' +~-;- ~;-';-;~- Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner substantially
similar to the logs prepared for the state legislature pursuant to F.S. § l 1.045.
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the city who only appears in his official capacity shall not be required to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a£:;bllc..~..:'---:-~...~ ~., ~.~'"~' .... ~ ...~'~ ~...~:"'
~,:. ......... :..,~ ..... :,~ ,~ ......... t a.~.-~.~ ~ .... ~_ ~ ~o~ for the pu~ose of self-
representation wi~out compensation or reimb~sement, wheth~ direc~ o2 indirect ~
ecnt!ngcnt, to express suppo~ of or opposition to any item, shall not be required to regist~ as
a lobb~st, including but not limited to those who are members of homeo~er or
I Bolded/Italicized language reflects amendments made between first and second reading.
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel, board
or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing shall
not be required to register, nor shall any agent, attorney, officer or employee of such person.
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices
of the mayor and city commission, the offices of the city manager, and the offices of the city attorney,
shall maintain signed sign-in logs for all noncity employees or personnel for registration when they
meet with any personnel as defined in section 2-481.
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, as well as compensation received, for the preceding calendar year with regard
to the specific issue on which the lobbyist has been engaged to lobbF. A statement shall be
filed even if there 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 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.
....... ~,, ......... ~, ..... compensation e^.
(d-)(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 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.
(e-)Ld_) 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 fme 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 December 1 shall be automatically suspended from lobbying until all
fines are paid, unless the fine has been appealed to the Miami Dade County Ethics
Commission.
The city clerk shall notify the Miami-Dade County Commission on Ethics ~ad Public Trust of
the failure cfa lobbyist (or principal) to file either of the reports referenced above and/or pay
the assessed fines after notification.
I Bolded/Italicized language reflects amendments made between first and second reading.
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.
Sec. 2-485.1. Penalties.
(a) A finding by the Miami-Dade County Commission on Ethics and Public Trust that a person
has violated this division shall subject said person to those penalties set forth within
subsections 2-11.1(s) and (u-)fX.) of the Metropolitan Dade County Code, said penalties
including admonition, public reprimand, fines, as well as prohibitions from registering as a
lobbyist or engaging in lobbying activities before the city.
Also, a bidder or proposer shall be subject to the debarment provisions of eq~t/~qqe--2-S~
far~gh-2-4g6 Miami Beach City_ Code Chapter 2, Division 5 as if the bidder or proposer
were a contractor where the bidder or proposer has violated this division either directly or
indirectly or any combination thereof, on three or more occasions. As used herein, a "direct
violation" shall mean a violation committed by the bidder or proposer and an "indirect
violation" shall mean a violation committed by a lobbyist representing said bidder or
proposer. A contract entered into in violation of this division shall also render the contract
voidable. The city manager shall include the provisions of this subsection in all city bid
documents, RFP, RFQ, RFLI; provided, however, that failure to do so shall not render any
contract entered into as the result of such failure illegal per se.
Co) Except as otherwise provided in subsection (a) herein, the validity of any action or
determination of the city commission or city personnel, board or committee, shall not be
affected by the failure of any person to comply with the provisions of this division.
Sec. 2-485.2. Prohibited lobbying activities.
Any person or entity retained as a lobbyist by the city is prohibited from lobbying any city officer,
departmental personnel or employee in connection with any judicial or other proceeding, application,
RFP, RFO, RFLI, bid, request for ruling or other determination, contract or controversy on behalfofa
third party for the length of the contract or other agreement between the lobbyist and the city.
Sec. 2-485.3. Contingency fee prohibited.
No person or entity may, in whole or in part, pay, give or agree to pay or give a contingency fee to a
~^*-*--"0+ another person. No ~^~'~'-~+
.... j ....... j.o, person may, in whole or in part, receive or agree to receive a
contingency fee. As used herein, "contingency fee" means a fee, bonus, commission, or nonmonetary
benefit as compensation which is dependent on or in any way contingent on the passage, defeat, or
modification of: (1) an ordinance, resolution, action or decision of the city commission; (2) any action,
decision or recommendation of the city manager or any city board or committee; or (3) any action,
decision or recommendation of city personnel during the time period of the entire decision-making
process regarding such action, decision or recommendation which foreseeably will be heard or
reviewed by the city commission, or a city board or committee.
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 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 i4th day ofFebru~y, i
/ I
PASSED and ADOPTED this 4th day of F
ATTEST: e~
MAYOR
F:~atto\OLI&RES-ORD\City Code Chapter 2, Article VII, Division 3 (Lobbyist) - 2nd Reading (Laila).doc
APPROVED A$ TO
FORM & LANGUAGE
& FOR EXEGUTION
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
F L 0 R
I D A
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
FROM:
SUBJECT:
Mayor David Dermer DATE:
Members of the City Comn~.~sion
Murray H. Dubbi~t [[~
City Attorney
Ordinance amending City Code Chapter 2 regarding "Lobbyists"
February 4, 2004
The attached ordinance, amending several provisions in Chapter 2 of the Miami Beach
City Code regarding "Lobbyists", is being presented primarily as a housekeeping matter; the
amendments reflect those enacted by the Miami-Dade County Commission in May, 2003 with
regard to the County's laws on Lobbyists.
Most significantly, the attached proposal redefines in part the definition of "lobbyists" by
excluding certain categories of individuals from its application.
This matter has been reviewed by the Community Affairs Committee and approved for
presentation to the City Commission.
Further, amendments made by the City Commission during first reading on January 14,
2004, are incorporated and noted herein, as well as certain additional housekeeping changes
including language defining the terms "Neighborhood Association" and "Community Based
Organization".
Agenda Item ~g~
1700 Convention Center Drive - Fourth Floor -- Miami Ben Date ~-q-0~{
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
jNOTICE IS HEREBY given that public hes,dngs w~fl be held by the Mayor and City Commission of the.
City of Miami Beach, Florida in the CommiSSion Chambers, 3rd floor, City Hall, 1700 Convention
Center Drfve, Miami Beach, Florida, on Wednesday, February 4, 2004, at the times isted below, to
considor the following:
at 1030 a,m,:
AN ORDINANCE AMENDING MtAMI BEACH CiTY CODE CHAPTER 2, ARTiClE VII, DMSION 3 THEI~OF
ENTITLED "LOBBYISTS," ESTABUSHNG EXEMPTIONS FROM DEFiNITION OF "LOBBYISTS,"AMENDIN6
REGISTRATION FEE PROVISIONG, EXPANDING CONTINGENCY FEE PROHiBiTION; FROVIDING FOR
REPEAi. F.R, SEVERABIUTY, CODIFiCaTION, AND AN EFFECT~ DATE.
Inquiries may be directed to the Legal Department at (305) 673-7470.
AN ORDINANCE AMENDING CHAPTER 6, "ALCOHOUC BEVERAGES," OF THE COOE OF THE ~ OF
MIAMI BEACH, FLORIDA, BY AMENDING SECTIONS 6-40 AND 6-41 'TOTAL NUDITY AND SEXUAL
CONDUCT PROHIBITED," AND "PROVISIONS PERTAINING TO ESTABLISHMENTS FERMITTIN6 PABTIAL
OR TOTAL NUDITY,' TO ALLOW ESTABLISHMENTS LICENSED AS ALCOHOLIC BEVERAGE
ESTABLISHMENTS TO OFFER ~ AND TOTAL NUDE ADULT ENTERTAINMENT; FR(W1DING FOR
CODIFICATION, REPEALER, NO~IUTY, AND AN EFFECTIVE DATE,
Inquiries may be directed to the Planntflg Department at (305} 673-7550.
INTERESTED PARTIES are invited to appear at U~ls meeting, or be represented by an agent, or to
express their views in wdtJng addressed to the City CommiSSion, c/o the City Clerk, 1700 Convention
Center Odve, 1st Floor, City Hall, Miami Beach, Rorida 33139. Copies of these ordinances are
available for public inspection during normal business hours in t~e City Ciork's Office, 1700
Convention Center Drive, 1st Ronr, City Hall, Miami Beach, Rorlda 33139. ~tis meeting may be
continued and under such Circumstances additional iegel notice would not be provided.
Robert E. Parchor, C~y Clerk
allowed by law. To requ~ this matom] in ~e ~mat, ~n language Inteqx~, In~ on acceas ~r
persons wt~ dlaabllitles, and/or any accommodation to review any (W:ument ~ pad~cipeto. ~ any clty~
proceeding, pkme contact 305-604-2489 (v~ce), 306-673-7218 (TTY} five da~ tn advance ~o nuate yo?.r ~
TTY users may a~ carl 711 (Ftodda Relay Sen'ice). ~ ~m,~j