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ORDINANCE NO. --------
An Ordinance relating to lobbyists; amending the City of South Miami Code
of Ordinances Section 8A-5, (c) (1) entitled "Registration and filing
requirements", and (c) (6) entitled "Fees", and, (d) (1) "List of expenditures".
WHEREAS, the Mayor and City Commission of the City of South Miami seek to protect
the elected and appointed city officials and city employees from the appearance of, or actual,
favoritism, corruption, or other impropriety in their consideration of ordinances and resolutions,
decisions in quasi-judicial proceedings, selection of consultants, awarding of contracts and other
city business; and
WHEREAS, the Mayor and City Commission have enacted legislation relating to conflict
of interest, ethics and limitations on campaign financing to strengthen the standards of conduct
pertaining to actions by city officials, candidates for public office, city employees and persons
doing business with the city; and
WHEREAS, the city finds it is in the best interest of the residents of the city to make
fully informed decisions about city actions and policies; and,
WHEREAS, the interests of the city are served by encouraging lobbyist registration and
the pursuit of commerce in South Miami; and
WHEREAS, the Mayor and City Commission wish to amend this ordinance in
concurrence with the Miami-Dade County Ordinance No. 12-63, providing that lobbyists who
have not made any lobbying expenditures during the preceding calendar year are not required to
file lobbyist expenditure statement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.
amended to read:
Section 8A-5, (c) (1) and (6) of the City of South Miami code shall be
(1) Registration and filing requirements. All lobbyists, including all entities
and consultants, shall, before engaging in any lobbying activities, register with
the city clerk. Every person required to register shall register on forms
prepared by the city clerk, pay a registration fee as specified in the fee
schedule appendix A to the ordinance from which this section derives and
state under oath:
a. Name and business address oflobbyist;
b. Name and business address of principal;
c. The name and business address of each person, consultant, or entity, within
the preceding five (5) years, for whom the lobbyist was employed~
lobbyist;
Additions shown by underlining and deletions shown by overstriking.
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1 d. The Commissioner or personnel sought to be lobbied; and
2 e. The specific issue on which the lobbyist has been employed to lobby;
3 f. Any consultant shall identify itself and the capacity in which slhe has been
4 retained by an entity.
5
6 (6) Fees. Each lobbyist shall pay a registration fee, as specified in the city's
7 standard schedule of fees required in subsection (c) (l). In addition, all lobbyists
8 must register prior to October 1 of every year; and the fee shall be as specified in
9 appendix A to the ordinance from which this section derives. at the time of
10 registering with the city clerk, every year from October 1 through September 30.
11 The registration fees required in this chapter shall be deposited by the city clerk
12 into a separate account and shall be expended only to cover the costs incurred in
13 administering the provisions of this section. There shall be no fee required for
14 filing a notice of withdrawal, and the city manager shall waive the registration fee
15 upon a finding of financial hardship, based upon a sworn statement of the
16 applicant. Prior to conducting any lobbying on a matter, all lobbyists must file a
17 form with the city clerk, signed by the principal or the principal's representative,
18 stating that the lobbyist is authorized to represent the principal. Any person who
19 only appears as a representative of a nonprofit corporation or entity (such as a
20 charitable organization, neighborhood or homeowner association, local chamber
21 of commerce and merchant's association, trade association or trade union),
22 without special compensation or reimbursement for the appearance, whether
23 direct, indirect, or contingent, to express support or opposition to any item, shall
24 not be required to register with the city clerk as required by this subsection.
25 Copies of registration forms shall be furnished to each commissioner or other
26 personnel named on the forms.
27
28 ******
29
30 Section 2. Section 8A-5, (d) (1) (2) (3) of the City of South Miami code shall be amended as
31 follows:
32
33 (d) List of expenditures.
34
35 (l) On October 1 of each year, lobbyists-,-including all consultants-,-shall
36 submit to the city clerk a signed statement under oath, as provided by the
37 clerk, listing all lobbying expenditures in the city for the preceding calendar
38 year. A statement shall > >not< < be filed €¥ffi if there have been no
39 expenditures during the reporting period. The statement shall list in detail
40 each expenditure by category, including food and beverage, entertainment,
41 research, communication, media advertising, publications, travel, lodging
42 and special events and shall identify the city officials, personnel, and
43 members upon whom the expenditures were made.
44
45
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Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be included in the Code of Ordinances.
Section 5. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 6. This ordinance shall become effective upon enactment.
PASSED AND ADOPTED this __ day of _____ , 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
1 st Reading _
2nd Reading -
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
w:\my documents\resolutions\ordinance lobbyist amendment 01 13 (2) rev ca. doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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2 A .1. A nppeHulX L j(
3
4 Description
5
6 Annual registration fee due October 1 st
7
8 Daily late fee after October 1 st-f'dl:ee!l:!!adE:l1ll+1inFHe~---------
Amount
$125.00
9 for failing to timely file an expenditure report $ 50.00
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14 W:\My Documents\resolutions\Ordinance lobbyist amendment OI.l3.doc
Additions shown by underlining and deletions shown by overstriking.
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