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131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~6 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 'vvhich 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. Page I of 4 I. 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 s/he 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) (1). 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 v/hich 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 e:ven 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 Additions shown by underlining and deletions shown by overstriking. Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 24 25 26 27 28 29 30 31 32 33 34 ~~ 37 38 39 40 41 42 43 44 45 46 47 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 sl Reading - 2nd Reading - READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY w:\my documents\resolutions\ordinance lobbyist amendment 0 I J3 (2) rev ca. doc COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Additions shown by underlining and deletions shown by overstriking. Page 3 of 4 1 2 A rI· A nppenulX n 3 4 Description 5 6 Annual registration fee due October 1 st 7 Amount $125.00 8 Daily late fee after October 1 st-tdl€e~aEl-dll+inA1e~--------- 9 for failing to timely file an expenditure report $ 50.00 10 11 12 13 14 W:\My Documents\resolutions\Ordinance lobbyist amendment O1.l3.doc Additions shown by underlining and deletions shown by overstriking. Page 4 of 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami·Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VIC~ PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday Sunday and Legal Holidays) newspaper, published at Miami In Miami-Dade County, Florida; that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of ' CITY OF SOUTH MIAMI PUBLIC HEARING -FEB. 5, 2013 in the XXXX Court, was published in said newspaper in the issues of 01/25/2013 Affi~nt further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published In said Miami-Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) , and has been entered as second class mail matter at the post offi?e In Miami in said Miami-Dada County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any dlsc.ount, .rebate, commission or refund for the purpose 01 secunn IS adv e ent for publication in the said 2013 O.V. FERBEYAE persona CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of" South Miami. Florida will conduct Public Hearing(s) at Its regular City Commission meeting scheduled for Tuesday. February 6. 2013, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the tollowing item(s): A Resolution authorizing the City Manager to execute an agreement, not to exceed a term of three years, with the law firm of Nabors, Giblin & Nickerson, P.A., to represent the City of South Miami during the negotiations ot the franchise renewal agreement with FPL. A Resolution authorizing the City Manager to enter into the Community Space Lease Agreement with Miami-Dade County for lease of 6701 SW 62 Avenue, South Miami, Florida for one . (1) year with aone (1) option to renew. An Ordinance relating to public records; amending the City of South Miami Code of Ordinances Section 2-18, (a) through (g) entttled . "PRele{lffif3AIf\~ Imaging and destruction of public records". ~An Ordinance relating 10 lobbyists; amending the City of SOUlh3 Miami Code of Ordinances Section SA-5, (e) (1) entitled . 'Registration and filing re~uirements' • and © (6) entitled 'Fees·, and, (d) (1) "Ust of expenditures'. An Ordinance amending the Section 20-3.3(0) 01 the City'S land Development Code adding Automotive Repair and Body Shop as a special use within the GR· General Retail Zoning District. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663·6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City herebY advises the public that if a person decides to appeal any decisIon made by this Board, Agency or Commission wihrespect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the teslimony and evidence upon which the appeal is to be based. 1/25 13·3-265/2020630M !~~ .. ~IAMI H~~~~~ .. J:/~ .. iCl~i~'i~r.C1)9 .. ~ .. ~?~....... ............ ····· .. · .. ·.················· .. ··\1 ... :.:::: .................. : ................. ~ ........ : ..... , ... : ... : ... J ... A ...... ·.N ...... U ..... A ...... R, ... Y ....... 2 .... 7 ..... : •.... 2 ..... 0 ..... 1 ... 3 ........... I, ....... 2 ..... 1 .... S ....... E ..... .