David Kelsey/So Beach Hotels
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City of Miami Beach Office of the City Clerk
1700 Convention Center Drive, Miami Beach, FL 33139
LOBBYIST REGISTRATION FORM
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 dty 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 as well as any employee engaged in lobbying activities. The term "LobbyistsR has specific exclusions. Please refer
to Ordinance 2004-3435.
NAME OF LOBBYIST:
Kelsey
(Last)
David
(First)
(M.I)
South Beach Hotel and Restaurant Association
BUSINESS NAME AND ADDRESS (Number and Street) (aty)
407 Lincoln Road. 12-H
TELEPHONE NUMBER:
Miami Beach. Florida
FAX NUMBER:
(State)
33139
EMAIL:
(Zip Code)
I. LOBBYIST RETAINED BY:
South Beach Hotel and Restaurant Association
NAME OF PRlNOPAljCUENT:
South Beach Hotel
BUSINESS NAME AND ADDRESS
(305) 673~0440
and Restaurant Assocaitin
(Number and Street) (aty)
(305) 673-9910
(State)
(Zip Code)
TELEPHONE NUMBER:
FAX NUMBER: (Optional)
EMAlL: (Optional)
Fill out this section If principal Is a Corporation, Partnership or Trust [Section 2-482 (c)]
. NAME OF CHIEF OFFICER, PARTNER, OR BENEFICIARY:
David Kelsey. President
. IDENTIFY ALL PERSONS HOLDING, DIRECTLY OR INDIRECTLY, A 5% OR MORE OWNERSHIP INTEREST IN SUCH
CORPORATION, PARTNERSHIP OR TRUST:
David Kelsey
II. SPEOFIC LOBBY ISSUE:
Tourism and Business Advocacy
Issue to be lobbied (Describe in detail):
A) Full Name of Individual/Title
B) Any Financial, Familial or Professional Relationship
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III. CITY AGENCIES/INDMDUALS TO BE LOBBIED:
All
officials
None
.
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All
ration officials
None
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IV. DISCLOSURE OF TERMS AND AMOUNTS OF LOBBYIST COMPENSATION (DISCLOSE WHETHER HOURL Y,
FLAT RATE OR OTHER):
A) LOBBYIST DISCLOSURE: (Required) HI A
B) PRINCIPAL'S DISCLOSURE (OF LOBBYIST COMPENSATION): (Required). HI A
111 Yes 0 No: Are YOU reDresentina a not-for-Drofit corDOration or entity without sDecial comDensation or
reimbursement. Pursuant to Ordinance No. 2004-3435.
1)
Pursuant to Ordinance No. 2003-3393 Amendina Miami Beach City Code Chaoter 2. Article VII. Division 5
Thereof Entitled "Camoaian Finance Reform" Via The Addition Of Code Section 2-488 Entitled "Prohibited
Camoaian Contributions Bv lobbyists On Procurement Issues":
DYes INo:
Are YOU lobbyina on a Dresent or Dendina bid for aoods. eauiDment or services. or on a Dresent
or Dendina award for aoods. eauiDment or service?
2)
Pursuant to Ordinance No. 2003-3395 Amendina Miami Beach City Code Chaoter 2. Article VII Division 5
thereof Entitled "Camoaian Finance Reform". Via The Addition Of Code Section 2-490 Entitled "Prohibited
Camoaian Contributions Bv Lobbyists On Real Estate Develooment Issues":
DYes aI No:
Are YOU lobbyina on a Dendina aDDlication for a DeyeloDment Aareement with the City or
aDDlication for chanae of zonina maD desianation or chanae to the City's Future land Use MaD?
V.
SIGNATURE UNDER OATH:
ON OCTOBER 1ST OF EACH YEAR, EACH LOBBYIST SHALL SUBMIT TO THE CITY CLERK A SIGNED
STATEMENT UNDER OATH, USTING LOBBYING EXPENDITURES, AS WELL AS COMPENSATION
RECEIVED, IN THE CITY OF MIAMI BEACH FOR THE PRECEDING CALENDAR YEAR. A STATEMENT
SHALL BE FILED EVEN IF THERE HAVE BEEN NO EXPENDITURES OR MPENSATIOfi DURING THE
REPORTING PERIOD.
I do solemnly swear that all of the foregoing facts are true and correct and that I have read or am
familiar with the provisions contained in Section 2-482 of the Miami Beach City Code and. all reporting
requirements.
o Produced ID
o Produced ID
Signature of Lobbyist: SIGNED UNDE
Signature of Principal/Client:
VI. LOBBYIST IDENTIFICATION:
Form of Identification
~SOnaIlY known (Lobbyist)
VII. SIGNATURE AND STAMP OF NOTARY:
State of Florida, County of Miami-Dade
Sworn to and subscribed before me _FJP/
is =< -; day of /Jpr// . 2~Y-
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Ii. · LETTER OF lfAKCIl 15. 2004 IDlJlllIlY HADE ART OF THIS STATI!IIE!IT.
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South Beach Hotel and Restaurant Association
407 Lincoln Road - Suite # 12 H - Miami Beach, Florida 33139
Phone (305) 673-0440 Fax (305) 673-9910
Robert Parcher
City Clerk
City of Miami Beach
Miami Beach, Florida 33139
March 15th, 2004
Re: CMB Lobbyist Registration Requirement
Dear Mr, Parcher;
This letter is in regard to the recent change in the City of Miami Beach's definition ofa
lobbyist, which I understand now includes formerly excluded not-for-profit business
associations, such as ours,
Please consider this letter to be a formal protest to this change, and a rejection of the
proposition that a recognized local business association, clearly identified as such,
representing only the interests of its members, and not for hire to others or representing
others or compensated by others, is in any way a lobbyist as that term is generally
understood by the public,
Further, it is my good faith belief that our Association, which is a not-for-profit Florida
corporation, has a Constitutionally protected First Amendment right to be heard, just as
any other natural or legal person does, without being forced to sign any document
declaring our Association or its representative(s) to be a lobbyist, which we do not
believe we are, in order to speak before the City Commission or other city Boards or
Committees, etc" or to meet with Commissioners or other city officials on matters
pertaining to our members, We believe that this right is also protected by Item Five of
the Citizen's Bill of Rights (Right to be Heard) oftlie City Charter.
Please be further advised that by compelling us to file as a lobbyist in order to function
within the municipal government structure and to have a voice in matters before the city
that concern our members, we believe that the city is violating our rights, and the rights
of our members, including but not limited to the right of free of speech, and we hereby
advise the city that in complying with the new requirement we do so without waiving any
of our rights, which we hereby reserve fully, including our right to file suit against the
city for said violations,
Therefore, be it understood that any and all declarations required to be made to the
city by this Association or its representative(s) stating that we, or they, are a
"IObbYist"~re made under duress, and subject at all times to the conditions and
reservatio stated above.
Sincerely,
David
South Beach Hotel and Restaurant Association
407 Lincoln Road - Suite # 12 H - Miami Beach, Florida 33139
Phone (305) 673-0440 Fax (305) 673-9910
Robert Parcher
City Clerk
City of Miami Beach
Miami Beach, Florida 33139
March 15th, 2004
Re: David Kelsey
CMB Lobbyist Registration Requirement
Dear Mr, Parcher;
This letter is in regard to the recent change in the City of Miami Beach's definition of a
lobbyist, which I understand now includes formerly excluded not-for-profit business
associations, such as ours, and by implication, myself as its President.
By separate letter we have made a formal protest to this change, and rejected the
proposition that a recognized local business association, clearly identified as such,
representing only the interests of its members, and not for hire to others or representing
others or compensated by others, is in any way a lobbyist as that term is generally
understood by the public,
The Association operates on behalf of the local hospitality industry, and as such,
advocates for the business interests of our members, and for tourism issues in general that
effect our community, As the President of the Association, I am generally the person
acting as the advocate; however, at times I may be acting on my own, as an individual
citizen, and not acting as the President of the Association. When acting on my own. as a
citizen. I should not be construed to be a "lobbyist". as the City defines that term,
I again remind the city that it is my good faith belief that our Association, which is a not-
for-profit Florida corporation, has a Constitutionally protected First Amendment right to
be heard, just as any other natural or legal person does, without being forced to sign any
document declaring our Association or its representative(s), myself included, to be a
lobbyist, which we do not believe we are, in order to speak before the City Commission
or other city Boards or Committees, etc" or to meet with Commissioners or other city
officials on matters pertaining to our members. I believe that this right is also
protected by Item Five of the Citizen's Bill of Rights (the Right to be Heard) of the
City Charter.
Please be further advised that by compelling me to file as a lobbyist in order to function
as the President of the Association and operate within the municipal government structure
so as to give our members a voice in matters before the city that may concern them, I
believe that the city is violating my rights, and the rights of our Association and its
members, including but not limited to violating our rights to free speech, and I hereby
advise the city that, in complying with the city's new requirement, I do so without
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waiving any ofrny rights, or the Association's rights, which we hereby reserve fully,
including our right to file suit against the city for said violations,
Therefore, be it understood that any and all declarations required to be made to the
city by the Association, or by me as President of the Association, or by any of our
members acting on behalf of the Association, stating that we, or they, are a
"lobbyist", are made under duress, and subject at all times to the conditions and
reservations stated above.
David