Ordinance 2025-4775 ORDINANCE NO. 2025-4775
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," ARTICLE VII, ENTITLED "STANDARDS OF
CONDUCT," DIVISION 3, ENTITLED "LOBBYISTS," BY AMENDING
SECTION 2-481, ENTITLED "DEFINITIONS," TO AMEND DEFINITIONS
APPLICABLE TO THIS DIVISION, BY AMENDING AND REVISING THE
TITLE FOR SECTION 2-483, "EXCEPTIONS TO REGISTRATION;
WRITTEN DISCLOSURE REQUIREMENT FOR PERSONS EXCLUDED
FROM THE DEFINITION OF LOBBYIST," TO CLARIFY AND RESTATE
THE WRITTEN DISCLOSURE REQUIREMENT FOR PERSONS
EXCLUDED FROM THE DEFINITION OF LOBBYIST, BY AMENDING
SECTION 2-485.1, "PENALTIES," TO CLARIFY PROVISIONS
RELATING TO ENFORCEMENT BY THE MIAMI-DADE COUNTY
COMMISSION ON ETHICS, BY AMENDiNG SECTION 2-485.3,
"CONTINGENCY FEE PROHIBITED," TO ADOPT CLARIFYING
AMENDMENTS TO THE PROHIBITION ON THE GIVING OR
ACCEPTANCE OF A CONTINGENCY FEE IN CONNECTION WITH
APPEARANCES BEFORE THE CITY, AND FINALLY, BY AMENDING
OTHER SECTIONS IN DIVISION 3 TO EFFECTUATE THE INTENT OF
THIS ORDINANCE; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City's registration requirements for lobbyists and individuals excluded
from the definition of"IobbyisY' are set forth in Chapter 2, Article VII, Division 3 of the City Code;
and
WHEREAS, the Mayor and City Commission desire to amend Chapter 2, Article VII,
Division 3 of the City Code to amend the definitions applicable to this Division of the Code, clarify
and restate the written disclosure requirement for persons excluded from the definition of
"lobbyist," clarify that this Division is enforceable against a person who is acting or appearing on
behalf of an entity, and adopt clarifying amendments to the prohibition on the giving or acceptance
of a contingency fee in connection with appearances before the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-481 of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE VII. STANDARDS OF CONDUCT
* * *
DIVISION 3. LOBBYISTS
* * *
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.
City personnel includes advisory personnel autonomous personnel, departmental
personnel and quasi-iudicial personnel.
Commissioners means the mayor and members of the city commission.
Community based organization means a not-for-profit association or corporation
organized 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 primary purpose the
improvement of the physical, economic or social environment by 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, all assistant and deputv department heads employees of the police
department with the rank of captain maior or chief buildinq and zoninq inspectors, the city
attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental
personnel when acting in connection with administrative hearings and anv emplovee of a citv
department or division with the authoritv to participate in procurement matters when the
communication involves such procurement, shall not be included for purposes of this division.
Lobbyist means all persons employedl e� retained or desiqnated, 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 , 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 "IobbyisY' 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
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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.
The persons specifically excluded above from the definition of "IobbyisY' shall, prior to
communicating with the citv commission or �� city personnel, � submit a
written disclosure to the city clerk, pursuant to section 2-483(b), that includes their name, address,
and principal on whose behalf they are communicating.
Neighborhood association means an organization of residential homeowners and tenants
created to address quality of life issues in a defined neighborhood or community. Neiqhborhood
association shall also mean a residential condorninium or cooperative association.
Quasi judicial personnel means the members of the planning board, the board of
adjustment, the desiqn review board, the historic preservation board, and such other boards and
agencies of the city that perform such quasi-judicial functions. The nuisance abatement board,
special magistrate hearings and administrative hearings shall not be included for purposes of this
division as to those individuals compelled to appear before said agencies.
SECTION 2. That Section 2-482 of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
Sec. 2-482. Registration; disclosures.
* * *
� A lobbyist shall be required to disclose in writinq to the citv clerk if the lobbyist provides or
has aqreed to provide, directly or indirectly, consideration (whether monetary or non-
monetary), valued at $1,000 or more, to a neiqhborhood association or its desiqnee for
purposes of supportinq or withholdinq its obiection with reqard to a matter before the city
commission, or anv citv board or committee.
SECTION 3. That Section 2-483 of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
Section 2-483. Exceptions to Registration; Written Disclosure Requirement for Persons
Excluded from the Definition of Lobbyist.
(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, for the purpose of self-representation
without compensation or reimbursement, whether direct or indirect, to express support of or
opposition to any item, shall not be required to register as a lobbyist_Any person specificallv
excluded from the definition of lobbyist in section 2-481 shall not be required to reqister as a
lobbyist, but shall be required to complete and submit a separate written disclosure for each
issue on which the person appears, on a form maintained bv the city clerk, identifyinq the
person's name, address, and the principal on whose behalf they are communicatinq.
a�sesia�+e�� Furthermore, Aall speakers shall�e►nfe�e� sign up on forms or siqn-in loqs
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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 magistrate hearing or an
administrative hearing shall not be required to register, nor shall any agent, attorney, officer
or employee of such person.
SECTION 4. That Section 2-485.1 of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
Sec. 2-485.1. Penalties.
(a) A finding by the Miami-Dade County Commission on Ethics and Public Trust that a person
(includinq a person who is actinq or appearinq on behalf of an entity)has violated this division
shall subject said person to those penalties set forth within subsections 2-11.1(s) and (�cc)
of the AAe#spe�ac� Miami-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 chapter 2, article
VI division 5 of this Code 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 vio�ation 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.
(b) 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.
SECTION 5. That Section 2-485.3 of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
Sec. 2-485.3. Contingency fee prohibited.
� No person �includinq a person who is actinq or appearinq on behalf of an entitv) or entity
may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person or
entity. No person (includinq a person who is actinq or appearinq on behalf of an entity) or entity
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
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(3) Any action, decision or recommendation of the citv commission or anv other 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.
(b) Applicabilitv. This section shall only apply to lobbvists and qersons specificaNv excluded
from the definition of"lobbyist" in section 2-481
* * ,�
SECTION 6. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 7. 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 8. 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
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PQSSED AND QDOPTED this 17th day of September, 2025.
.
ATTEST:
; _
�j�t� � =� ;���" Steven Meiner, Mayor
Rafael E, ranado, City Clerk
(Sponsored by Commissioner David Suarez)
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
91� -�Zs-
City Attorney �� Date
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Ordinances - R5 K
MIAMIBEA� H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 17, 2025 10:10 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION," ARTICLE VII, ENTITLED
"STANDARDS OF CONDUCT," DIVISION 3, ENTITLED "LOBBYISTS," BY
AMENDING SECTION 2-481, ENTITLED "DEFINITIONS," TO AMEND
DEFINITIONS APPLICABLE TO THIS DIVISION, BY AMENDING AND REVISING
THE TITLE FOR SECTION 2-483, "EXGEPTIONS TO REGISTRATION; WRITTEN
DISCLOSURE REQUIREMENT FOR PERSONS EXCLUDED FROM THE
DEFINITION OF LOBBYIST," TO CLARIFY AND RESTATE THE WRITTEN
DISCLOSURE REQUIREMENT FOR PERSONS EXCLUDED FROM THE
DEFINITION OF LOBBYIST, BY AMENDING SECTION 2-485.1, "PENALTIES," TO
CLARIi=Y PROVISIONS RELATING TO ENFORC�MEN'i BY THE MIAMI-DADE
COUNTY COMMISSION ON ETHICS, BY AMENDING SECTION 2-485.3,
"CONTINGENCY FEE PROHIBITED," TO ADOPT CLARIFYING AMENDMENTS
TO THE PROHIBITION ON THE GIVING OR ACCEPTANCE OF A CONTINGENCY
FEE IN CONNECTION WITH APPEARANCES BEFORE THE CITY, AND FINALLY,
BY AMENDING OTHER SECTIONS I(v DIVI;ION 3 TO EFFECTUATE THE INTENT
OF THIS ORDINANCE; AND PROVIQING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
At the request of Commissioner David Suarez, the attached Ordinance has been placed on the
Ciry Commission meeting agenda for adoption.
The City's registration requirements for lobbyists and individuals excluded from the definition of
"IobbyisY' are set forth in Chapter 2, Article VII, Division 3 of the City Code.
Section 2-11.1 of the Miami-Dade County Code, known as the Miami-Dade County Conflict of
Interest and Code of Ethics Ordinance, establishe�� a "minimum standard of ethical conduct and
behavior," including minimum lobbyist registration requirements, which apply to the County and
all municipalities within Miami-Dade County.
525 of 1214
ANALYSIS
The purpose of this Ordinance is to amend the definitions applicable to Chapter 2, Article VII,
Division 3 of the Code, clarify and restate the written disclosure requirement for persons excluded
from the definition of "lobbyist," clarify that this Division is enforceable against a person who is
acting or appearing on behalf of an entity, and adopt clarifying amendments to the prohibition on
the giving or acceptance of a contingency fee in connection with appearances before the City.
A more detailed summary of amendments is as follows:
• Amend the definition of"departmental personnel"and adopt a definition of"City personnel"
in a manner consistent with the Miami-Dade County Conflict of Interest and Code of Ethics
Ordinance.
• Require a representative of a neighborhood association to register as a lobbyist if the
association or its designee will receive any monetary or nonmonetary consideration in
connection with its appearance before the City. (This is in addition to the existing
requirement that a representative of a neighborhood association is required to register as
a lobbyist if the representative will receive compensation or reimbursement for the
appearance.)
• Amend the separate registration requirement for individuals excluded from the definition
of "lobbyist," to refer to the alternative registration requirement as a "written disclosure"
and clearly state what information must be provided.
• Amend the enforcement and penalty provisions to make clear that the requirements of this
Division of the Code are enforceable by the 1�liami-Dade County Commission on Ethics
and Public Trust against"a person who is 3cting or appearing on behalf of an entity."
• Revise the contingency fee prohibition in Section 2-485.3 of the City Code to clarify that
(i) the prohibition applies to both persons (including a person who is acting or appearing
on behalf of an entity) and entities; and (ii) Section 2-485.3 only applies to lobbyists and
persons specifically excluded from the definition of"IobbyisY' in Section 2-481.
FISCAL IMPACT STATEMENT
This Ordinance is not expected to have a fiscal impact on the City's resou�ces.
Does this Ordinance require a Business Imaact Es!�mate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/5/2025
See BIE at: https•//www miamibeachfl qov/city-halllcity-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
526 of 1214
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Prolect?
No No
Was this Aqenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbyin9? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Soonsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
10:10 a.m. 2nd Rdg, Miami Beach Lobbying Ordinance. (Suarez) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 9/3/2025 - R5 V
527 of 1214