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HomeMy WebLinkAbout#175 Mitchell Scott Novick 10/21/20254E175 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY,MUNICIPAL,AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE Novick,Mitchell Scott City of Miami Beach Historic Preservation Board MAILING ADDRESS THE BOARD,COUNCIL.COMMISSION,AUTHORITY OR COMMITTEE ON 901 Collins Avenue WHICH I SERVE IS A UNIT OF CIT COUNTY xcITY □COUNTY □OTHER LOCAL AGENCY Miami Beach Miami-Dade NAME OF POLITICAL SUBDIVISION Citv of Miami BeachDATEONWHICHVOTEOCCURREDMYPOSITIONISOctober21,20 2 5 □ELECTIVE 3 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position.For this reason,please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,FLORIDA STATUTES A person holding elective or appointive county,municipal,or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies (CRAs)under Sec.163.356 or 163.357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a "relative"includes only the officer's father,mother,son,daughter,husband,wife.brother,sister,father-in-law, mother-in-law,son-in-law,and daughter-in-law.A "business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above,you are not prohibited by Section 112.3143 from otherwise participating in these matters.However,you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes.(Continued on page 2) CE FORM 8B-EFF 11/2013 Adopted by reference in Rule 34-7 010(1)(f).FA.C PAGE 1 APPOINTED OFFICERS (continued) •A copy of the form must be provided immediately to the other members of the agency. •The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: •You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ._MitchellScottNovi'hereby disclose that on_October21 2o 25 (a)A measure came or will come before my agency which (check one or more) X inured to my special private gain or loss; X BHI Miami Limited Corp.as defined by this form,and arising from an inured to the special gain or loss of my business associate,October 18,2023 amicable resolution descri bed be low. inured to the special gain or loss of my relative,,_ Inured [o {he SpeClal qain of loss Of ,Dy whom I am retained;or [fyfed [[he SDeClal gain of loss of ,[/Ch is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: l am party to an Oc tob er 18,2023 amica ble resolution of a lawsuit I had filed in connection with the property that is the subject of HPB File 20-044 2 and File No.25-00667, to wit Mitch ell Scott Novick v.City of Miami Beach and BHI Miami Limited Corp,Case No.2022-21967 and which also amicably resolved lawsuits filed by other parties against the sa me defendants. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys,a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES $112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOTTO EXCEED $10,000. CE FORM 8B -EFF 11/2013 Adopted by reference in Rule 34-7.010(1)(D).FA.C PAGE 2 Granado,Rafael From: Sent: To: Cc: Subject: Attachments: Ernesto Reyes -KHR Law Offices <ereyes@Khrlawoffices.com> Friday,November 14,2025 10:58 AM Kallergis,Nick;Belush,Michael Kent Harrison Robbins -KHR Law Offices;Mitch Scott (mitch@sherbrookehotel.com); Assistant -KHR Law Offices;Granado,Rafael HPB25-0667,100 21st St -Agenda Item No.4 at the October 21,2025 HPB Meeting- Form 8B for Mitch Novick Form 8B-Ex by Novick 11.13.25.pdf [THIS MESSAGE COMES FROM AN EXTERNAL EMAIL -USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS] Nick and Michael, See attached Memorandum of Voting Conflict for Mitch Novick related to the above referenced matter. I have also cc'd City Clerk Granado in case he requires a copy of this disclosure as well. Thank you, Ernesto V.Reyes Firm Administrator Senior Legal Assistant Kt1R The Law Offices of Kent Hwison Robbins,P.A. 242 Northeast 27"Street Miami,Florida 33137 Telephone:(305)532-0500 Facsimile:(305)531-0150 Email:ereyes@khrlawoffices.com The information contained in this email message is protected under the Electronic Communications Privacy Act,18 U.S.C.2310-2321,and may also be protected by attorney-client and/or the attorney/work product privileges.It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by email.If the person actually receiving this email or any other reader of the email is not the named recipient,any use,dissemination,distribution,or copying of the communication is strictly prohibited.If you have received this communication in error,please immediately notify us by telephone at 305-532-0500 and return the original message to us at khr@khrlawoffices.com. 1