LTC 458-2021 Former City Commission Members--Relevant Post-Service Ethics LawsMIAMI BEACH
OFFICE OF THE C ITY ATTORNEY
LTC No. 458-2021
TO: Mayor Dan Gelber
Members of the City Commission
Alina T. Hudak, City Manager
LETTER TO COMMISSION
FROM: Rafael A. Paz, City Attorney ~
DATE: October 28, 2021
SUBJECT: Former City Commission Members--Relevant Post-Service Ethics Laws
In light of the upcoming General Election, this Memorandum has been prepared to provide brief
outline of relevant ethics laws applicable to members of the City Commission who will be leaving
Office this year. If you have any questions, please feel free to contact me.
1. Prohibited Post-Service Contracts with City. Purswmt to City of Miami Beach Code section
2-462, former members of the City Commission may not, for a period of two years after leaving
City service, be eligible to apply for or to serve as employee, independent contractor, or agent for
the City, or otherwise enter into any contract ( other than for voluntary, noncompensated services)
with the City on any matter. (Note: this proscription may be waived by 5/7 vote of City
Commission.)
2. Prohibited Disclosure of Certain Information for Personal Gain or Benefit. Per Florida
Statute section 112.313(8): "A ... former public officer may not disclose or use information not
available to members of the general public and gained by reason of his or her official position,
except for information relating exclusively to governmental practices, for his or her personal gain
or benefit or for the personal gain or benefit of any other person or business entity."
3. Lobbying Restrictions. State Statute section 112.313(14) and Miami-Dade County Code
section 2-11 .1 ( q) regulate post-service lobbying activity of municipal elected officials--pursuant to
these laws, former elected Officials of the City are prohibited for a period of two years from leaving
City Office from lobbying any City personnel (i.e., officers and employees)1 , subject to this one
particular requirement: former elected officials may, during this two-year period, lobby City
personnel other than the City Commission, City Manager and their immediate support staff, if the
1 Note: On November 6, 2018 voters approved Florida Constitutional Amendment #12 which, in
relevant part increased post-service lobbying restrictions for public officers from 2 years to 6 years
effective December 31, 2022-city elected officials will be prohibited from lobbying the city for
compensation on issues of "policy, appropriations or procurement" for a period of six years after
vacation of public position; this Constitutional Amendment will also prohibit, as of December
31 , 2022, members of the City Commission, during their term of office, from lobbying for
compensation on issues of policy, appropriations, or procurement before the federal government,
the legislature, any state government body or agency, or any political subdivision of this state.
We ore committed to providing excellent public service and safety to of/ who live, work, and ploy in our vibrant, tropical, historic community.
Letter to Commission -Relevant Post-Service Ethics Laws
October 28, 2021
Page 2
former elected officials are employed by and lobbying on behalf of a governmental entity, a
501(c)(3) entity, or non-profit entities or educational institutions/entities.
4. Financial and Gift Disclosure. Pursuant to State and County laws, former elected officials
of the City must file financial and gift disclosure forms:
• Florida Statute 112.3145 requires that such officials file their statements of financial
interests2 " ... within 60 days after leaving his or her public position for the period
between January 1 of the year in which the person leaves and the last day of office or
employment, unless within the 60-day period the person takes another public position
requiring financial disclosure under this section ors. 8, Art. II of the State Constitution
or otherwise is required to file full and public disclosure or a statement of financial
interests for the final disclosure period."
• Florida Statute 112.3148(8)(a) provides that a gift disclosure report3 of a City
Commissioner must be filed by no later than the last day of the calendar quarter
immediately following the calendar quarter in which a reportable gift was received (i.e.,
gifts received by you during your tenure as City Commission member require your
filing of gift disclosure after you've left office).
RAP/ag
2 CE Form 1 F available at:
http://www.ethics.state.fl.us/Documents/Forms/Form%201 F 2021i.pdf?cp=20211015
NOTE: The filing of Form 1 F by City elected officials leaving office in 2021 does not obviate
requirement for filing of CE Form 1 financial disclosure for year 2020 by July 1, 2021 .
3 CE Form 9 available at:
http://www.ethics.state.fl.us/Documents/Forms/Form%209.PDF
(See, also, Fla . Stat. section 112.3148 (6) requirements pertaining to gifts from certain
governmental entities or direct-support organizations specifically authorized by law to support
governmental entities.)
We ore committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community.