Commissioner Fernandez Form 9 QTR IIM IA M I BE A C H
OFFICE OF THE CITY CLERK
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
Telephone: 305.673.7411
S e p te m b e r 29, 20 2 3
Flo rid a C o m m iss ion on Ethics
P .O . D ra w e r 15 7 0 9
T a lla h a s se e , F L 32 317-5 7 0 9
P u rsu a n t to S e c. 112 .3 14 8, F lorid a S tatutes, ple a se find Q uart e rly G ift D isclo sure State Form
(9 ), fo r th e q u art e r en d in g Ju n e 20 2 3, fo r the fo llo w ing C ity of M ia m i Be ach Perso nnel:
• D a n G el b e r - M ayor
• A le x J. F e rn an d e z - C o m m issio n e r
• D a vid Ri ch ar d s o n - C om m i s sio n er
• R a fa e l E. G ran a d o - Ci ty C lerk
S h o u ld yo u ha v e any qu e stions or req u ire an y additio nal info rm atio n, ple ase contact m e at
30 5 .6 7 3 . 74 11 .
R a fae l E. G ra n a d o
C ity C le rk
A tt a ch m e n ts
R E G :rq
S e n t C e rt ifi e d R eturn R ece ipt
City Clerk
1700 Convention Center Drive
M iam i Beach FL 33139
USPS CERTIFIED MAIL
I I 11111
9214 8901 9403 8332 1135 24
FLO RIDA COMMISSION ON ETHICS
PO BO X 15709
TALLAHASSEE FLOR IDA 32317-5709
eturn Reference Number:
sername: Patrick Camm
ode Violation # :
ourt Case#:
roperty Address : :
ermit ID#:
ustom 5:
ostage: $8.8600
Form 9 QUARTERLY GIFT DISCLOSURE
(GIFTS OVER $100)
LAST NAME -- FIRST NAME -- MIDDLE NAME: NAME OF AGENCY:
Fernandez Alex J. Citv of Miami Beach
MAILING ADDRESS: OFFICE OR POSITION HELD:
1700 Convention Center Drive Commissioner
CITY: ZIP: COUNTY: FOR QUARTER ENDING (CHECK ONE): YEAR
Miami Beach 33139 Miami-Dade JMARCH JUNE □SEPTEMBER □DECEMBER oz>
PART A- STATEMENT OF GIFTS
Please list below each gift, the value of which you believe to exceed $100, accepted by you during the calendar quarter for which this statement is
being filed. You are required to describe the gift and state the monetary value of the gift, the name and address of the person making the gift, and the
date(s) the gift was received. If any of these facts, other than the gift description, are unknown or not applicable, you should so state on the form. As
explained more fully in the instructions on the reverse side of the form, you are not required to disclose gifts from relatives or certain other gifts. You
are not required to file this statement for any calendar quarter during which you did not receive a reportable gift.
DATE DESCRIPTION MONETARY NAME OF PERSON ADDRESS OF PERSON
RECEIVED OF GIFT VALUE MAKING THE GIFT MAKING THE GIFT
PLEASE SEE ATTACHMENT "A"
CHECK HERE IF CONTINUED ON SEPARATE SHEET
PART B RECEIPT PROVIDED BY PERSON MAKING THE GIFT
If any receipt for a gift listed above was provided to you by the person making the gift, you are required to attach a copy of that receipt to this
form. You may attach an explanation of any differences between the information disclosed on this form and the information on the receipt.
D CHECK HERE IF A RECEIPT IS ATTACHED TO THIS FORM
PARTC-OATH
I, the person whose name appears at the beginning of this form, do
depose on oath or affirmation and say that the information disclosed
herein and on any attachments made by me constitutes a true accurate,
and total listing of all gifts required to be reported by Section 112.3148,
Florid Statutes.
SIGNATUR
wreoro4, -£)d
couNTY OF /VA«]2o -
Sw orpo (or affirmed) and subscribed before me by means of gees,$". o, 24, tarsi Sch ao 7
/rlx 1n«d -u
(fn re of Notary Public-State of Florida) p acct o Coe
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known
Type of Identification Produc
PART D FILING INSTRUCTIONS
This form, when duly signed and notarized, must be filed with the Commission on Ethics, P.O. Drawer 157
cal address: 325 John Knox Road, Building E, Suite 200, Tallahassee, Florida 32303. The form must be filed no later than the last day of the calendar
quarter that follows the calendar quarter for which this form is filed (For example, if a gift is received in March, it should be disclosed by June 30.)
CE FORM 9-EFF. 1/2016 (Refer to Rule 34-7.010(1(g), F.A.C.) (See reverse side for instruction s)
ATTACHMENT A
Date Received Description of Gift Monetary Value Name of Person Making Address of Person
Gift Making Gift
April 20 eMerge ticket $1,595 City of Miami Beach 1700 Convention
(1 ticket) Per city ticket policy Center Drive
Miami Beach, Fl
33139
April 23 Beach Polo Cup $550 per ticket Charlie Venturi, Live It 4800 NW 15 Ave Unit
Event Productions C
(4 tickets) Ft. Lauderdale FL
33309
May 1 Miami Beach Bar Approximately $75 Miami Beach Bar Association 2301 Alton Road
Association Luncheon Miami Beach, Fl
33140
May 6 Sunset on the Sand / $250 per ticket City of Miami Beach 1700 Convention
Race Day Weekend Per city ticket policy Center Drive
(2 tickets) Miami Beach, Fl
33139
May 12 Guayabera (shirt) Approximately $50 Yessuni Martinez, Mayor of 371 Alvaro Obregon
Chetumal Mexico St
Chetumal, Quintana
Roa, Mexico 77000
May 14 SAVE Champion of $250 per ticket City of Miami Beach 1700 Convention
Equality Gala Center Drive
(2 tickets) Miami Beach, Fl
33139
May 27 Hyundai Air & Sea $100 per ticket City of Miami Beach 1700 Convention
Show Per city ticket policy Center Drive
(2 tickets) Miami Beach, Fl
33139
June 6 2 half-slice boxes of Under $100 Carla Probus 2017 N. Bay Rd
Murdick's Famous Miami Beach, Fl
Fudge 33140
2 jars of American
Spoons Preserves
June 24 Miami-Dade County $250 per ticket City of Miami Beach 1700 Convention
League of Cities Gala Center Drive
(2 tickets) Miami Beach, Fl
33139
June 30 Florida SuperCon $110 per ticket City of Miami Beach 1700 Convention
2023 Show Per city ticket policy Center Drive
(2 tickets) Miami Beach, Fl
33139
INFORMATION MEMO
RE: CARBONE BEACH EVENT
Attached is documentation with respect to my personal payment for the full cost of a ticket I received to attend a local event
known as Carbone Beach. My personal payment for the ticked occurred within the timeframes provided by Florida law. Although
this transaction is neither a prohibited gift nor a reportable gift, I am disclosing this information in the interests of transparency.
Thank you.
C ity of M iam i Beach
C ity Attorn ey O ffice
17 00 C onvention C enter D r
M iam i Beach Fl 33139
USPS CERTIFIED MAIL
I 11 111 I
9214 8901 9403 8300 0024 6420 94
MAJOR FOOD GROUP LLC
C/O JAMEY R. CAMPELLONE, ESQ.
GREENSPOON MARDER LLP
200 E. BRO WARD BLVD., SUITE 1800
FORT LAUDERDALE, FL 33301
Fold Here
Return Reference Number:
Username: Amada Gonzalez
Code Violation # :
Court Case#:
Property Address ::
Permit ID#:
Custom 5:
Postage: $7.1800
A ug ust 1, 20 2 3
M a jo r Foo d G ro u p LL C
c/o Ja m e y R. Campellone, Esq.
Greenspoon Marder LLP
200 E. Broward Blvd.
Suite 1800
Fort Lauderdale, FL 33301
Dear Mr. Campellone,
Enclosed please find a check in the amount of my entrance tickets for the Carbone Beach event,
which took place from May 4-7, 2023, in Miami Beach, Florida (the "Event"). The Event was hosted
by Major Food Group (the Event Organizer") and presented by American Express (the
Sponsor").
When I accepted the tickets, I believed - and continue to believe - the ticket was provided to me
by Major Food Group, as the Event Organizer, or by American Express, the Sponsor. At all
relevant times (including the 12 months preceding the Event), neither the Event Organizer nor the
Sponsor were City of Miami Beach vendors or lobbyists.1 Therefore, the City Attorney has advised
me that the gift restrictions that apply to vendors or lobbyists under State law or the Miami-Dade
County Code of Ethics would not apply to Major Food Group, as the Event Organizer, or American
Express, as the Sponsor.
In fact, in a good-faith effort to comply with my ethics obligations, the City voluntarily sought, and
obtained, a favorable advisory opinion from the Florida Commission on Ethics staff, a copy of
which is attached hereto, confirming that I would be permitted to accept a gift from either the Event
Organizer or the Sponsor, on the basis that neither party was a vendor or lobbyist.
However, it was recently alleged in a lawsuit against the City of Miami Beach in an unrelated
matter that the Boucher Brothers, a City vendor which was separately engaged by Major Food
Group to assist with Event set-up and permitting, was somehow the owner and/or donor of the
tickets that I accepted, as well as the Event tickets accepted by several of my colleagues on the
City Commission.
1 49 Collins Avenue Restaurant LLC and 404 Washington Major Restaurant LLC, both affiliates of Event
Organizer, previously registered as lobbyists in connection with two separate Miami Beach land use board
applications. The 49 Collins Avenue Restaurant LLC application was approved by the Design Review Board
on January 4, 2022, and the 404 Washington Major Restaurant LLC application was approved by the
Planning Board on July 27, 2021. Once each of the foregoing applications was approved, any lobbying
activities concluded as of the date of each approval. See Section 2-481 of the City Code; see also Section
112.3148(2){b){1 ), Florida Statutes. Accordingly, the Event Organizer and/or its affiliates or principals
thereof were not lobbyists pursuant to the City Code or State law, and were not subject to any gift
restrictions.
As I take my ethics obligations very seriously, I am hereby remitting payment to Major Food Group,
as the Event Organizer, in the amount of the tickets that I accepted to the Major Food Group's
Event. If in fact the actual donor of the tickets was the Major Food Group's event contractor,
Boucher Brothers Miami Beach, or any other party, I request that you please endorse the check
and remit this payment to the appropriate party.
This refund is made pursuant to Section 112.3148(7)b), Florida Statutes, which provides that
payment made within 90 days after receipt of a gift shall be deducted from the value of the gift,
for purposes of compliance with the gift rules and reporting obligations under State law.2
Please do not hesitate to contact me if you have any questions.
Sincerely,
g ,
Alex J. Fernan z
Miami Beach City er
c: Miguel A. De Grandy, Esq., counsel for Boucher Brothers Miami Beach, LLC
Rafael Paz, City Attorney
2 See also Miami-Dade County Commission on Ethics Opinion INQ 2022-53, dated March 25, 2022, n. 6,
citing the statutory pay-down provision in Sec. 112.3148(7)(b ).
ROBERT J. WOLFARTH 63-0419/2670 131
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Me
G lenton "Gl en " G ilzean, Jr.
Chair
Don Gaetz
Vice Chair
Michelle Anchors
William P. Cervone
John Grant
William "Willie" N. Meggs
Ed H. Moore
Wengay M. Newton, Sr.
Jim Waldman
State of Florida
COMMISSION ON ETHICS
P.O. Drawer 15709
Tallahassee, Florida 32317-5709
Kerrie J. Stillman
Executive Director
Steven J. Zuilkowski
Deputy Executive Director/
General Counsel
(850) 488- 7864 Phone
(850) 488-3077 (FAX)
www.ethics.state.fl.us
325 John Knox Road
Building E, Suite 200
Tallahassee, Florida 32303
"A Public Office is a Public Trust"
July 26, 2023
Ms. Freddi Mack
1700 Convention Center Drive, 4" Floor
Miami Beach, FL 33139
Email: freddimack@miamibeachfl.gov
Dear Ms. Mack,
This letter is provided in response to your ethics inquiry. You state that a significant piece
of City-owned property ("Property") has been subject to a 40-year lease term set to expire in May
of 2026. You indicate that the current lessee holds no further rights of renewal, and there has been
a large amount of public interest over what the City will do with the Property at the end of the
lease term.
You state that in March and early-mid April 2023, a restaurant group ("Entity l ") publicly
advertised that it would be hosting a high profile food and concert event series in May 2023. You
indicate that in early May 2023, certain City Commissioners received complimentary tickets to
this event, the value of each exceeding $100. You state that, to this day, Entity 1 has not been a
City vendor nor a lobbyist. You indicate that the tickets were distributed via American Express
through its Guest Management partner VOW.
You indicate that on April 28, 2023, the City Commission voted to approve a resolution to
begin negotiations to establish a non-binding term sheet with a known and experienced City vendor
("Entity 2"), which could serve as a stalking-horse bidder for a new lease or management
agreement relating to the Property at the end of the current lease term. You further indicate that,
in lieu of a stalking-horse bid, Entity 2 could be awarded a bid waiver contract upon receiving the
requisite number of votes under City law.
M s. Freddi M ack
July 26, 2023
Page 2
Y ou state that by the tim e of th e A pril 28" m eeting, at least one Com m issioner had been
advised that Entity I could be a potential partner w ith Entity 2 fo r the property. Regarding the
com plim entary tickets that certain City C om m issioners received in early M ay 2023 to the Entity
1 event, you indicate that at least one Com m issioner had com m unicated with a principal fo r Entity
2 about the tickets in early M ay 2023. You state that Entity 2 did not contribute the tickets, rather,
it w as Entity 1 w ho m ade the tickets available. You indicate that the Com m issioners who accepted
the tickets understood them to be a gift com ing from Am erican Express or Entity 1, and you
indicate that neither of w hich are City lobbyists or vendors. You fu rther indicate that the subject
Com m issioners intend to report the tickets on the appro priate gift discl osure fo rm .
Y ou indi cate that on M ay 17, 2023, th e C ity Comm ission voted to rescin d th e April 28
resolution authorizing non-binding negotiations with Entity 2, and to instead begin a com petitive
RFP pro cess to invite any qualified entities, including the current lessee, to subm it com peting
pro posals on the sam e tim eline.
Y ou state that Entity 1 has not lobbied the C ity fo r any action on behalf of them selves or
fo r any other party. Additionally, you indicate that no pro posal involving Entity I has been
subm itted. Y ou state that the R FP solicitation pro cess is still pending, and that subm issions are not
due until Augu st 15, 2023. Y ou ask if any ethical standards are im plicated by these facts.
Sections 112.3148(3) and 112.3148(4), Fl orida Statut es,' are not im plicated by the facts
you present, as you state that Entity 1, the entity that pro vided the tickets, is not a vendor doing
business w ith the City, a political com m ittee, or a lobbyist of the City. However, a statu tory
pro vision that is im plicated is Section 112.3148(8), Florida Statutes. This pro vision states:
(8)(a) Each rep orting indi vi dual or procurem ent em ployee shal l
file a statem ent w ith the Comm ission on Ethics not later than the last
day of each calendar quarter, fo r the previous calendar quarter,
containing a list of gifts which he or she believes to be in excess of
$ I 00 in value, if any, accepted by him or her, fo r which
com pensation w as not pro vided by the donee to the donor within 90
days ofr eceipt of the gift to reduce the value to $100 or less, except
the fo llow ing:
1. Gifts from relatives.
2. Gifts pro hibited by subsection (4) ors. 112.313 (4).
3. Gifts otherw ise required to be disclosed by this section.
1 Section 112.3148(3), Florida Statu tes, pro hibits a reporting individual from soliciting any gift
from a vendor doing business w ith his or her agency, a political com m ittee, or a lobbyist who
lobbies his or her agency, w here such gift is fo r the personal benefit of the reporting individual,
another reporting individual, or any m em ber of the im m ediate fam ily of a reporting individual.
Section 112.3148( 4 ), Fl orida Statutes, pro hibits a reporting individual or any other person on his
or her behalf from kn ow ingly accepting, directly or indirectly, a gift from a vendor doing
business w ith his or her agency, a political com m ittee, or a lobbyist who lobbies his or her
agency, if he or she know s, or reasonably believes, that the gift has a value in excess of $100.
Ms. Freddi Mack
July 26, 2023
Page 3
(b) The statement shall include:
1. A description of the gift, the monetary value of the gift, the
name and address of the person making the gift, and the dates
thereof. If any of these facts, other than the gift description, are
unknown or not applicable, the report shall so state.
2. A copy of any receipt for such gift provided to the reporting
individual or pro cur ement employee by the donor.
( c) The statement may include an explanation of any differences
between the reporting individual's or pro cur ement employee's
statement and the receipt provided by the donor.
(d) The reporting individual's or procur ement employee's
statement shall be sworn to by such person as being a true, accurate,
and total listing of all such gifts.
(e) Statem ents must be filed not later than 5 p.m. of the due date.
However, any statement that is postmarked by the United States
Postal Service by m idnight of the due date is deemed to have been
filed in a timely m anner, and a certificate of mailing obtained from
and dated by the United States Postal Service at the time of the
mailing, or a receipt from an established courier company, which
bears a date on or before the due date constitutes pro of of mailing in
a timely manner.
(@) If a reporting individual or pro cur ement employee has not
received any gifts described in paragraph (a) dur ing a calendar
quarter, he or she is not required to file a statement under this
subsection for that calendar quarter.
Essentially, Section 112.3148(8) requires public offi cers and employees to disclose all gifts
they receive that exceed $100 in value and come from donors who are not vendors, lobbyists,
principals of lobbyists, or political committees (prohibited sources).
Given that you indicate the value of each ticket pro vided exceeds S100, and the donor is
not a prohibited source, the City Commissioners who accepted the tickets should either ( 1)
reimbur se Entity 1 for the monetary value of the tickets within 90 days of the date they accepted
them, or (2) they m ust file a CE Form 9, "Quarterly Gift Disclosur e," to disclose the ticket(s) that
they accepted. The deadline to file a CE Form 9 is the last day of the calendar quarter following
the calendar quarter in which the gift was received. Thus, the deadline for City Comm issioners
who accepted tickets would be September 30, 2023. The form is filed with the Commission on
Ethics, and can be found on the Commission's website.
The guidance provided in this letter is limited to the facts that have been provided. Ifthere
are additional material facts, or ifI have misstated them in this letter, please contact m e again. The
referenced statutes and advisory opinions are available on the Commission's website at
ww w.ethics.state.fl.us. If you have any other questions about the gu idance contained in this letter,
please send me an email at burn s.joseph@ leg.state.fl.us.
Ms. Freddi Mack
July 26, 2023
Page 4
Sincerely,
ooeel 0. Ge
Joseph C. Bums
Attorney