Michele Burger Form 9 QTR IIM IAMI BEACH
OFFICE OF THE CITY CLERK
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
Telephone: 305.673. 7 411
September 29, 2023
M ia mi-Dade Clerk of the
B o a rd of C o u n ty C o mmissioners
11 1 N W 1"St re et , # 17 -10
M ia m i, F L 3 3 12 8
P u rsu a n t to S e ction 2-11.1(e)(4) of the Code of Miami-Dade County, attached please find a copy
of th e M ia m i-D a d e C o u n ty Q u a rt e rly G ift D iscl o su re F o rm , fo r th e q u a rter ending June 2023, for
th e following City of Miami Beach Personnel:
• A le x a n d ra D a n ie lle M ejia - Dep uty Chief of Staff
• Mich ele Pamela Burger - Chief of Staff
• Li s se tt e G a rcia Ar ro gante - Director of Tourism and Culture
• Monica Matteo-Salina s - Commission Aide
The original has been filed with the Miami Beach Office of the City Clerk.
Should you have any questions or require any additional information, please contact me at
305.673. 7 411. Rem,
Rafael E. Granado
City Clerk
Attachments
REG:rq
Sent Certified Return Receipt
City Clerk
1700 Convention Center Drive
M iam i Beach FL 33139
USPS CERTIFIED MAIL
1111 111111111 I I
9214 8901 9403 8332 1136 92
MIAMI-DADE CLERK OF THE BOARD OF COUNTY COMMISSIONERS
111NW 1ST ST UNIT 17-10
MIAMI FLOR IDA 33128-1902
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: vRc R 1EA
MAILING ADDRESS:
)00 Col cN i oM 1E R DK\v
NAME OF AGENCY: r
OFFICE OR POSITION HELD:
CHIEF OF 51F F
CITY:
Hf
COUNTY:
AI- DAE
FOR QUARTER ENDING (CHECK ONE):
JMARCH S/6UNE ISEPTEMBER O DECEMBER
YEAR 023
PART A- STATEMENT OF GIFTS
Please list below each gift, the value of which you believe to exceed $100, accepted by you during the calendar quarter for which this statement is
being filed, You are required to describe the gift and state the monetary value of the gift, the name and address of the person making the gift, and the
date(s) the gift was received, If any of these facts, other than the gift description, are unknown or not applicable, you should so state on the form. As
explained more fully in the instructions on the reverse side of the form, you are not required to disclose gifts from relatives or certain other gifts. You
are not required to file this statem ent for any calendar quarter during which you did not receive a reportable gift.
DATE DESCRIPTION MONETARY NAME OF PERSON ADDRESS OF PERSON
RECEIVED OF GIFT VALU E MAKING THE GIFT MAKING THE GIFT
4, 2023 3 ,0o o S F 2L A 2M c t% %Mg! MA ( DIVE? J coC T ' 10ni .
a CHECK HERE IF CONTINUED ON SEPARATE SHEET
PART B RE CEIPT PROVIDED BY PERSON MAKING THE GIFT
If any receipt for a gift listed above was provided to you by the person making the gift, you are required to attach a copy of that receipt to this
form. You may attach an explanation of any differences between the information disclosed on this form and the information on the receipt.
A CHECK HERE IF A RECEIPT IS ATTACHED TO THIS FORM
PARTC-OATH
I, the person whose name appears at the beginning of this form, do
depose on oath or affirmation and say that the information disclosed
herein and on any attachments made by me constitutes a true accurate,
and total listing of all gifts required to be reported by Section 112.3148,
sAre or Fol,, Ds2
couNrY or Iiaml/e,
Sworn to (or affirmed) and subscribed before me by means of l physical presence or [} onine notarization, this 3
1 dayof be .2o_
• Pc»le Eu9e
~e of Notary Public-State of Florida)
(Print, Type, or Stax ommissioned Name of Notary Public]www ,
«i" u, ", Personal ly Kn own. OR Produced Identificatioge"}'jD AR~/$
Type of Identification Produced. s"O!:::·:; , ,
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This form, wh en duly signe d and notarized, must be filed with the Com mission on Ethics, P.O. Drawer 15709, Tallahassee, F@rid$ 3PIRES94y99; i g
cal address: 325 John Knox Road, Building E, Suite 200, Tallahassee, Florida 32303. The form must be filed no later than th •• d~f the calendar / j
quarter that follows the calendar quarter for which this form is filed (For example, if a gift is received in March, it should be di } June 30.) ol'
:; 'oz,a%;{@
CE FORM 9 - EFF. 1/2016 (Refer to Rule 34-7.010(1)(9). FA.C.) (See reverse sid&jof;1ions;;s"
"] NUM E8," "uiwu uw
PART D FILING INSTRUCTIONS
PA R T E INSTRUCTIONS
WHO MUST FILE THIS FORM?
Any individual, including a candidate upon qualifying, who is required
by law to file full and public disclosure of his financial interests on
Commission on Ethics Form 6, except Judges. (See Form 6 for a list of
persons required to file that form.)
Any individual, including a candidate upon qualifying, who is required
by law to file a statement of financial interests on Commission on Ethics
Form 1. (See Form 1 for a list of persons required to file that form.)
Any procurement employee of the executive branch or judicial branch
of state government. This includes any employee of an officer,
department, board, commission, council, or agency of the executive
branch or judicial branch of state government who has participated
in the preceding 12 months through decision, approval, disapproval,
recommendation, preparation of any part of a purchase request,
influencing the content of any specification or procurement standard,
rendering of advice, investigation, or auditing or in any other advisory
capacity in the procurement of contractual services or commodities as
defined in s. 287.012, F.S., if the cost of such services or commodities
exceeds or is expected to exceed $10,000 in any fiscal year.
NOTE: Gifts that formerly were allowed under Section 112.3148,
F.S., now may be prohibited under Sections 11.045, 112.3215, and
112.31485, F.S.
WHAT GIFTS ARE REPORTABLE?
• Any gift (as defined below) you received which you believe to be in
excess of $100 in value, EXCEPT:
1) Gifts from the following RELATIVES: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife.
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-
in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, grandparent, great
grandparent, grandchild, great grandchild, step grandparent, step
great grandparent, step grandchild, step great grandchild, a person
who is engaged to be married to you or who otherwise holds himself
or herself out as or is generally known as the person whom you intend
to marry or with whom you intend to form a household, or any other
natural person having the same legal residence as you.
2) Gifts which you are prohibited from accepting by Sections 112.313(4)
and 112.3148(4), Florida Statutes. These include any gift which you
know or, with the exercise of reasonable care, should know was
given to influence a vote or other action in which you are expected
to participate in your official capacity; it also includes a gift worth over
$100 from a political committee or committee of continuous existence
under the elections law, from a lobbyist who lobbies your agency or
who lobbied your agency within the past 12 months, or from a partner,
firm, employer, or principal of such a lobbyist.
3) Gifts worth over $100 for which there is a public purpose, given to
you by an entity of the legislative or judicial branch, a department or
commission of the executive branch, a water management district
created pursuant to s. 373.069, South Florida Regional Transportation
Authority, the Technological Research and Development Authority,
a county, a municipality, an airport authority, or a school board; or
a gift worth over $100 given to you by a direct-support organization
specifically authorized by law to support the governmental agency of
which you are an officer or employee. These gifts must be disclosed
on Form 10.
A "gift" is defined to mean that which is accepted by you or by another
in your behalf, or that which is paid or given to another for or on
behalf of you, directly, indirectly, or in trust for your benefit or by any
other means, for which equal or greater consideration is not given
within 90 days after receipt of the gift. A "gift" includes real property;
the use of real property; tangible or intangible personal property; the
use of tangible or intangible personal property; a preferential rate or
terms on a debt, loan, goods, or services, which rate is below the
customary rate and is not either a government rate available to all
other similarly situated government employees or officials or a rate
which is available to similarly situated members of the public by
virtue of occupation, affiliation, age, religion, sex, or national origin;
forgiveness of an indebtedness; transportation (unless provided to
you by an agency in relation to officially approved governmental
business), lodging, or parking; food or beverage; membership dues;
entrance fees, admission fees or tickets to events, performances, o
facilities; plants, flowers, or floral arrangements; services providec
by persons pursuant to a professional license or certificate; othe
personal services for which a fee is normally charged by the persor
providing the services; and any other similar service or thing having ar
attributable value and not already described.
The following are NOT reportable as gifts on this form: salary, benefits,
services, fees, commissions, gifts, or expenses associated primarily
with your employment, business, or service as an officer or director of
a corporation or organization, and unrelated to your public position;
contributions or expenditures reported pursuant to the election laws,
campaign-related personal services provided without compensation
by individuals volunteering their time, or any other contribution or
expenditure by a political party; an honorarium or an expense related
to an honorarium event paid to you or your spouse; an award, plaque,
certificate, or similar personalized item given in recognition of your
public, civic, charitable, or professional service; an honorary membership
in a service or fraternal organization presented merely as a courtesy by
such organization; the use of a governmental agency's public facility or
public property for a public purpose. Also exempted are some gifts from
state, regional, and national organizations that promote the exchange
of ideas between, or the professional development of, governmental
officials or employees.
HOW DO I DETERMINE THE VALUE OF A GIFT?
The value of a gift provided to you is determined using the actual cost to
the donor, and, with respect to personal services provided by the donor,
the reasonable and customary charge regularly charged for such service
in the community in which the service is provided. Taxes and gratuities
are not included in valuing a gift. If additional expenses are required as
a condition precedent to the donor's eligibility to purchase or provide a
gift and the expenses are primarily for the benefit of the donor or are of a
charitable nature, the expenses are not included in determining the value
of the gift.
Compensation provided by you to the donor within 90 days of receiving
the gift shall be deducted from the value of the gift in determining the
value of the gift.
If the actual gift value attributable to individual participants at an event
cannot be determined, the total costs should be prorated among all
invited persons. A gift given to several persons may be attributed among
all of them on a pro rata basis. Food, beverages, entertainment, etc.,
provided at a function for more than ten people should be valued by
dividing the total costs by the number of persons invited, unless the
items are purchased on a per-person basis, in which case the per-
person cost should be used.
Transportation should be valued on a round-trip basis unless only one-
way transportation is provided. Round-trip transportation expenses
should be considered a single gift. Transportation provided in a private
conveyance should be given the same value as transportation provided
in a comparable commercial conveyance.
Lodging provided on consecutive days should be considered a single
gift. Lodging in a private residence should be valued at $44 per night.
Food and beverages consumed at a single sitting or event are a single
gift valued for that sitting or meal. Other food and beverages provided
on a calendar day are considered a single gift, with the total value of all
food and beverages provided on that date being the value of the gift.
Membership dues paid to the same organization during any 12-month
period are considered a single gift.
Entrance fees, admission fees, or tickets are valued on the face value of
the ticket or fee, or on a daily or per event basis, whichever is greater. If
an admission ticket is given by a charitable organization, its value does
not include the portion of the cost that represents a contribution to that
charity.
Except as otherwise provided, a gift should be valued on a per
occurrence basis.
FOR MORE INFORMATION
The gift disclosures made on this form are required by Sec. 112.3148,
Florida Statutes. Questions may be addressed to the Commission
on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709 or by
calling (850) 488-7864; information is provided at: www.ethics.state.fl.us.
CE FORM 9 -EFF, 1/2016 (Refer to Rule 34-7.010(1)(g), F.A.C.)
Glenton "Glen" Gilzean, Jr.
Chair
Don Gaetz
Vice Chair
Michelle Anchors
William P. Cervone
John Grant
William "Willie" N. Meggs
EdH. 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 1 ") 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 stat e that by th e tim e of the Ap ri l 28" m eeting, at least one C om mi ssion er had been
advised that E ntity 1 could be a potential part ner w ith E ntity 2 fo r the pro pert y. R egarding the
com plim entary tickets that cert ain C ity C om m issioners received in early M ay 2023 to the Entity
1 event, you indicate that at least one C om m issioner had com m unicated w ith a principal fo r E ntity
2 about the tickets in earl y M ay 2023. Y ou state that E ntity 2 did not contribute the tickets, ra ther,
it w as E ntity 1 w ho m ade the tickets available. Y ou indicate that the C om m issioners w ho accepted
the tickets understood them to be a gift com ing fr om A m erican E xpress or Entity 1, and you
indicate that neither of w hich are C ity lobbyi sts or vendors. Y ou fu rt her indicate that the subject
Comm issioners intend to report the tickets on the appro priate gift discl osur e fo rm .
Y ou indi cat e that on M ay 17, 2023, th e C ity C om mi ssion vote d to rescin d the Ap ril 28
resolution authorizing non-binding negotiations w ith E ntity 2, and to instead begin a com petitive
RF P pro cess to invite any qualifi ed entities, incl uding the curr ent 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 part y. A dditionally, you indicate that no pro posal involving E ntity 1 has been
subm itted. Y ou state that the RF P solicitation pro cess is still pending, and that subm issions are not
due until A ugust 15, 2023. Y ou ask if any ethical standards are im plicated by these fa cts.
Sections 112.3148(3) and 11 2 .3148(4), Florida Statu tes,' ar e not im plicated by the fa cts
you present, as you state that Entity 1, the entity that pro vided the tickets, is not a vendor doing
business w ith the C ity, a political com m itt ee, or a lobbyist of the C ity. H ow ever, a statu tory
pro vision that is im plicated is Section 112.3148(8), Florida Statu tes. T his pro vision states:
(8)(a) E ach report ing individual or pro cur em ent em ployee shall
fil e a statem ent w ith the C om m ission on E thics not later than the last
day of each calendar quarter, fo r the previous calendar quart er,
containing a list of gift s w hich he or she believes to be in excess of
$10 0 in value, if any, accepted by him or her, fo r w hich
com pensation w as not pro vided by the donee to the donor w ithin 90
days of receipt of the gift to reduce the value to $100 or less, except
the fo llow ing:
1. Gift s fr om relatives.
2. G ifts pro hibited by subsection ( 4) ors. 112.313( 4).
3. G ifts otherw ise required to be discl osed by this section.
1 Section 112.3148(3), Florida Statutes, prohibits a reporting individual from soliciting any gift
from a vendor doing business with his or her agency, a political committee, or a lobbyist who
lobbies his or her agency, where such gift is for the personal benefit of the reporting individual,
another reporting individual, or any member of the immediate family of a reporting individual.
Section 112.3148(4), Florida Statutes, prohibits a reporting individual or any other person on his
or her behalf from knowingly accepting, directly or indirectly, a gift from a vendor doing
business with his or her agency, a political committee, or a lobbyist who lobbies his or her
agency, if he or she knows, or reasonably believes, that the gift has a value in excess of $100.
M s. Freddi M ack
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
unkn own or not applicable, the report shall so state.
2. A copy of any receipt for such gift provided to the reporting
individual or pro curement employee by the donor.
( c) The statement may include an explanation of any differences
between the reporting individual's or procurement employee's
statement and the receipt provided by the donor.
(d) The reporting individual's or procurement employee's
statement shall be sworn to by such person as being a true, accurate,
and total listing of all such gifts.
( e) Statements 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 midnight of the due date is deemed to have been
filed in a timely manner, 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 proof of mailing in
a timely mann er.
(f) If a reporting individual or procurement employee has not
received any gifts described in paragraph (a) during 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 officers 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 comm ittees (prohibited sources).
Given that you indicate the value of each ticket provided exceeds $100, and the donor is
not a prohibited source, the City Commissioners who accepted the tickets should either (1)
reimburse Entity 1 for the monetary value of the tickets within 90 days of the date they accepted
them, or (2) they must file a CE Form 9, "Quarterly Gift Disclosure," to disclose the ticket(s) that
they accepted. The deadline to file a CE Form 9 is the last day of the calendar quart er following
the calendar quarter in which the gift was received. Thus, the deadline for City Commissioners
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 gu idance pro vided in this letter is limited to the facts that have been provided. If there
are additional material facts, or if! have misstated them in this letter, please contact me again. The
referenced statutes and advisory opinions are available on the Commission's website at
www.ethics.state.fl.us. If you have any other questions about the guidance contained in this letter,
please send me an email at bums.joseph@leg.state.fl.us.
Ms. Freddi Mack
July 26, 2023
Page4
Sincerely,
oeel 0. Gue
Joseph C. Bums
Attorney