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Ord No 28-14-2206ORDINANCE NO.28-14-2206 An Ordinance amending Sec.8A-5 (a),(b),(c),(e)and (f)of Chapter 8A of the City of South Miami's Code of Ordinances asto definitions and exemptions and adopting applicable portions of the Miami-Dade County lobbying ordinance concerning definitions and exemptions as well as providing stricter requirements and penalties. WHEREAS,theCity,itsboards,committees,and agencies,including the Community Redevelopment Agency ("SMCRA")and lobbyists intheCityare required to comply with the Miami-Dade County lobbying ordinance;and WHEREAS,the City's current definition of alobbyistisless inclusive than the County's lobbying ordinance andtherefore,totheextentthatitislessinclusive,itisnotenforceable;and WHEREAS,accordingtothe City's currentdefinition of alobbyist,theindividual officersandtheemployees of acloselyheldcorporationorotherbusinessentitywithonlyafew stockholdersormembersisrequirednotonlytoregisterasalobbyistbuttoalsopayalobbyist feewhenattemptingtoinfluencetheCityCommission,theCityManagerorotherCity personnel;and WHEREAS,accordingtothe City's currentdefinition of alobbyist:"Anypersonwho, duringthetimeperiod of theentire decision-making processonanaction,decisionor recommendationwhichforeseeablywillbeheardorreviewedbythecitycommission,oracity board,committee,oragency,advocatedinfavor of oropposesanyaction,decision, recommendation of thedeputy,assistant,orassistanttothecitymanager,departmentheads, divisionheads,cityattorney,assistantcityattorney(exceptwhensuchpersonnelareactingin connectionwithquasi-judicialor administrative hearings)andanyotherCitypersonnel"has been interpreted to include shopmangers;and WHEREAS,accordingtothe City's currentdefinition of alobbyist,theindividual officersandtheemployees of acloselyheldcorporationorotherbusinessentitywithonlyafew stockholdersormembersisrequirednotonlytoregisterasalobbyistbuttoalsopayalobbyist feewhenattemptingtoinfluencetheCityCommission,theCityManagerorotherCity personnel;and WHEREAS,Miami-Dade County's lobbying ordinance applies totheCityandCity lobbyistanditdefinesthetermlobbyistandprovidesfortheregistration of lobbyist;and WHEREAS,the current Citylobbying ordinance is confusing and difficult formost peopleto interpret and understand aswellasnotbeing synchronized withthe County's lobbying ordinance;and WHEREAS,itisinthebestinterest of theCity,its personnel,aswellasthat of its residential and business community fortheretobeonlyone ordinance that provides the definitions of words used bythe City's andthe County's lobbying ordinance andforthe exemptions to registration and/or payment of lobbyist fees. Page 1 of 7 Ord.No.28-14-2206 NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Section 8A-5(a),(b),(c)and(e)of Chapter 8A of theCity of South Miami's Code of Ordinances is hereby amended toreadasfollows: Sec.8A-5.-Lobbyists;registration,reporting,fees,exemptions,expenditures,and penalties. (a)This section shallbeknownastheCity of SouthMiami Lobbyist Registration Ordinance. (b)Definitions.Forthepurposes of thissection,thefollowingtermsshallhavethe definitions contained herein: (1)Lobbyist TheCityhereby adopts,by reference,thedefinition of alobbyistas found in the Miami-Dade County lobbying ordinance.Section 2-ll.l(syiYb\ of the Miami-Dade County Code of Ordinances andthe interpretations of this Ordinanceasappliedinpractice by Miami-DadeCountyandtheMiamiDade Commission on Ethics,and means all natural persons,unincorporated associations,orbusinessentities,firms,corporations,principals employed or retained,—fef—financial—compensation,—which—includes—non monetary compensation of similarvalue,byaprincipalwhoseekstoencouragethe passage,defeat,or modification of any of thefollowing: Or.—Ordinance,resolution,action,or decision of thecity commission,the mayor,orany commissioner; b-.—Action,decision,or recommendation of anycity board,committee,or agency,includingwithoutlimitation,thegoverningandadvisoryboards of thecitycommunityredevelopmentagencyandthehealthfacilityauthority; e-.—Action,decision or recommendation of thecity manager,deputy,assistant, or assistant tothecitymanager,department heads,division heads,city attorney,assistant cityattorney (except whensuch personnel areactingin connection withquasijudicialoradministrativehearings)duringthetime period of theentiredecisionmakingprocessonanaction,decision or recommendation which foreseeably willbe heard or reviewed bythecity commission,oracity board,committee,or agency. "Lobbyists"specifically includes the principal,aswellasany agent,attorney, officer or employee of a principal,regardless of whether lobbying activities fall within the normal scope of employment of the agent,attorney,officer or employee."Lobbyist"shall exclude any person who only appears asa representative of those identified in subsection (e). (2)Principal means the natural person,firm,corporation company or other entity that has employed orretainedalobbyist,including the person employed bythe Page 2 of 7 Ord.No.28-14-2206 company or other entity,thathasthe authority to retain or direct a lobbyist on their behalf (3)Consultant means an individual,corporation,partnership or business entity that has been retained,forfinancial compensation,which includes non monetary compensation of similar value,toassistor provide any professional services to an entity in seeking approval of anitemfromthecity commission orstaff,orto obtain a contract with thecity (3)All lobbyists shall comply withthis ordinance andthe Miami-Dade County Lobbying Ordinance as they are amended from time to time.All references to the "County"in the County's Lobbying Ordinance shall mean the City,where applicable,forthepurpose of this ordinance andforthe interpretation and application of the County's Lobbying Ordinance to the City. (c)(1)Registrationand filing requirements.All lobbyists shall,atleastonorbefore 3:00p.m.onthedaybeforeengaginginanylobbyingactivities,registerwiththecity clerk,unless exempted from registering by Section 2-11.1 (V)(3^of the Miami-Dade CountyCodeandpayalobbyist fee,if required.Everypersonrequiredtoregister shallregisteronformspreparedbythecityclerk,payaregistrationfeeasspecified in the foe schedule and state under oath:A lobbyist who has engaged in lobbying activitiesbeforetimelyregisteringasalobbyistshallpayafine of $500.Itshallbe the responsibility of the CityClerk to collect allfinesandfees.A lobbyist who, withoutcompensationforperformingtheservices of a lobbyist isrepresentingan individualfornon-commercialpurposes(hereinafterreferredtoasa "limited lobbyist'')shall include such information in the lobbyist registration form which shall be signed under oath certifying the truth of the information.No registration fee shall be required fora limited lobbyist.In addition,any lobbyist who would not be required by Miami-DadeCountytopayalobbyistregistrationfee if engagedin lobbyingactivitieswiththeCountyshallnotberequiredtopayalobbyist registration fee when engaged in lobbying activities with the City. i.Registration Publication.All lobbyist registration forms shall be received and date stamped bvtheCitvClerk.The Clerk's Office shall maintain alist of all registrationandofthe payment ofthe registration fee.TheClerkshallpublish ontheCitywebsitearegistrationlist of principals,issuesandlobbyistswhich shallbeupdatedattheendofeach day,totheextent possible,thata completed or amended registration form is received. ii.Everyperson required to register shall register on forms prepared bvthecitv clerk and,otherthanthose lobbyists whoareexemptfrompavinga fee,shall pay a registration fee as specified in this ordinance or the City's fee schedule, whichever is greater.The forms shall include the following information,which shall be certified and state under oathbythe lobbyist andthe principal whom thelobbyistrepresents,suchasitspresident,partnerormanagingmember: a.Name andbusinessaddress of lobbyist; b.Nameandbusinessaddress of theprincipaland; o.The name and business address ofeach person,consultant,or entity,withinthe preceding five (5)years,for whom the lobbyist was employed asa lobbyist; Page 3 of7 Ord.No.28-14-2206 d.The commissioner orpersonnelsoughtto Whether Commissioners.City Administration.City Attorney or City Clerk will be lobbied;and e.The specific issueonwhichthelobbyisthas been employed tolobby; (iiDThe principalandthelobbyistmustalsosubmitajointaffidavitstatingthatthe principal hasnotofferedandthe lobbyist hasnotagreedto accept any contingency or success fees as defined in Section 2-11.1 (sV?)of the Miami-Dade County Code of Ordinances.Failure of a principal tofilethe required formsmay be considered inthe evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. (2)Changeormodification of information.Anychangetoanyinformationoriginally filed,orany additional city commissioner or personnel whoarealsosoughttobe lobbiedshallrequirethelobbyisttofileanamendmenttothe registration forms, althoughnoadditionalfeeshallberequiredforsuchamendment.Thelobbyisthasa continuingdutytosupplyinformationandamendtheformsfiledthroughoutthe period for which the lobbying occurs. (3)Disclosure.If thelobbyistrepresentsalegalentitysuchasa corporation,company. partnershiportrust,the chief officer,partnerorbeneficiaryshallalsobeidentified. Withoutlimitingthe foregoing,thelobbyistshallalsoidentifyallpersonsholding directlyorindirectly,afiveten (10 5)percentormoreownershipinterestinthelegal entitycorporation,partnershiportrust.Anyconsultantshallidentify itself andthe capacity in which s/he hasbeenretained. (4)SeparateregistrationFeerequirementsforissues.Separateregistrationanadditional $100feeshallberequiredforeachadditionalspecificissuebeinglobbiedfora Pprincipalrepresentedoneachspecificissue.Aseparatefeeshallberequiredfor eachseparateissueforthesamePrincipalforeachcalendar fiseal year,whichis from October 1 through September 30 (hereinafter referred toas "Fiscal Year").:fte issue shallbe described with asmuchdetailasis practical,including but not limited toaspecific description whereapplicable of a pending request foraproposal, invitation tobid,orpublichearingitem.Thecity clerk,inthe clerk's judgment. shall reject any registration statementthatdoesnot provide a description of the specific issueon which the lobbyist has been employed. (5)Each person who withdraws asa lobbyist fora particular client shallfilean appropriate notice of withdrawal.Each principal shallfileaform with the Clerk at the point in time at which a lobbyist isno longer authorized to represent the principal. (6)Fees.Each lobbyist whois required to shall paya registration fee,shall pay such fee as specified in the city's standard schedule of fees each time heorshe registers orre registers each calendar year thetime of registering with thecity clerk?A lobbyist must re-register every calendar Fiscal year before commencing any lobbying activities which isfrom October 1 through September 30.There shall benofee required for filing a notice of withdrawal^and tThe city manager clerk shall waive the registration fee upon a finding of financial hardship if supported by.based upon a sworn statement of the applicant.Prior to conducting any lobbying on a matter,all lobbyists must fileaformwiththecityclerk,signedbythe principal orthe principal's representative,statingthatthelobbyistis authorized to represent the Page 4 of 7 Ord.No.28-14-2206 principal.Anypersonwhoonly appears asa representative of anonprofit corporationorentity(suchasacharitableorganization,neighborhood^or homeowner association,local chamber of commerce,and merchant's association, trade association or trade union),wifeoirt who declared in their lobbyist registration applicationthattheywouldnotreceiveandhavenotreceivedany spee*al compensationorreimbursementfortheappearance,whetherdirect,indirect,or contingent,toexpresssupportoroppositiontoanyitem,mustregisterbutshallnot berequiredtopayaregistrationfeeregisterwiththecityclerkasrequiredbythis subsection. (7)Disclosure and appearance of impropriety.In addition tothematters addressed above,everyregistrantshallberequiredtostatetheextent of anybusiness,financial, familial,e^-professional relationship,orother relationship givingrisetoan appearance of animpropriety,withthemayor,anycitycommissioner,orpersonnel whois sought tobe lobbied asidentifiedonthe lobbyist registration formfiled. (8)Duty of thecitycommission,boards,committees,agencies,andemployees.—AH members of thecity commission andallcity personnel,including allboard, committee,and agency members,shallbe diligent to ascertain whether persons required to register pursuant tothissectionhave complied withthe requirements of thisdivision.Themayor,commissioners,board,committee and agency members, andcity personnel may not knowingly permit themselves tobe lobbied bya person whoisnot registered pursuant tothissection.Allmembers of theCity Commission, andall City personnel,shallbe diligent to ascertain whether persons required to register pursuant tothis subsection have been complied.Commissioners orCitv personnel may not knowingly permit a person whois not registered pursuant to this subsection to lobby the Commissioner,or the relevant committee,board or City personnel. (9)Lobbyists,including all consultants,shall sign in with the city clerk before meeting with any city officials.All covered city officials,personnel,and members shall maintain logs of all telephone and electronic communications with lobbyists.- (9)Any person who appears asa representative foran individual or firm foranoral presentation before a City certification,evaluation,selection,technical review or similar committee,shalllistonanaffidavit provided bytheCitv staff,all individuals who may make a presentation.The affidavit shall befiledby staff with the Clerk's officeatthetimethe committee's proposalis submitted totheCity Manager.For the purpose of this subsection only,thelisted members of the presentation team, with the exception of anypersonotherwise required to register asa lobbyist,shall notbe required topayanyregistrationfees.Nopersonshall appear beforeany committee on behalf of an anyone unlessheorshehas been listed as part of the firm's presentation teampursuanttothis paragraph orunlessheorsheis registered with the Clerk's officeasa lobbyist andhaspaidall applicable lobbyist registration fees. ieie ie (e)Exceptionstoregistration.All persons whoare exempted from registration orfrom paying a registration fee bv the Miami-Dade County's Lobbying Ordinance are likewiseexemptedbytheCitvfromregistrationand/orfromthepayment of Page 5 of7 Ord.No.28-14-2206 registration fees.The following persons will be exempt fromthe provisions of this section: (1)Any person who only appearsinhisorher individual capacity ata public hearing before the city commission,board,committee,agency meeting,andhas noother communication with the city personnel,forthe purpose of self representation without compensation or reimbursement,whether direct,indirect, or contingent,to express support of or opposition toany item,shall not be requiredtoregisterasalobbyist,includingbutnot limited tothosewhoare members of homeowners or neighborhood associations.All speakers shall, however,signinonformsavailableatthepublichearingor meeting. Additionally,anypersonorrepresentative of a business entity requested to appear before any city commission,orboard,committee,or agency meeting,or anypersonorrepresentative compelled toanswerfororappealingacode violation,oranyadministrativehearingshallnotberequiredtoregister,nor shallanyagent,attorney,officeror employee of theperson. (2)Any public officer,employee orappointeeoranypersonor entity incontractual privity with the city who only appearsinhisorher official capacity shallnotbe required to register asa lobbyist. (3)Any personappearingasanexpert witness calledin proceedings before the commission,anyboardora committee orthe administration of the city who presents testimony insupport of a position or explaining such position. (f)Penalties. (1)Violations of this section may be determined by the Miami-Dade County Commission onethicsandpublictrust.Afinding by the commission thata personhas violated thischaptershall subject thepersontoafive hundred dollars ($500.00)civilpenalty.The commission onethics may additionallyprovide otherpenaltiessuchas admonition andpublicreprimand,as well asprohibitions fromregisteringasa lobbyist orengagingin lobbying activities beforethecity. Conviction forgivenfalseinformationshallbepunishable bv afine of upto $500.imprisonmentforupto60daysandersuspensionfromlobbying privileges in South Miamiforaperiod of upto two years. (2)Additionally,every personwhoisfoundtobein violation of thischaptershallbe prohibitedfromregisteringasa lobbyist or lobbying inaccordance with the following schedule: •Firstviolation:foraperiod of one(1)yearfromthedate of determination of violation; •Second violation:foraperiod of two (2)yearsfromthedate of determination of violation; •Third violation:foraperiod of three(3)yearsfromthedate of determination of violation. Thecity commission maydebarabidderorproposerfromlobbyingactivitiesinthe city,andfromenteringinto contracts withthecity,oranyagencyorauthority of the Page6 of7 Ord.No.28-14-2206 citywhenthebidderorproposereitherdirectlyorindirectly,onthreeormore occasions,hasbeenfoundtohaveviolatedthelobbyistprovisions of thissection. Asusedherein,a"directviolation"shallmeanaviolationcommittedbythebidder orproposerandan"indirectviolation"shallmeanaviolationcommittedbya lobbyist representing saidbidderorproposer.Acontractenteredintoinviolation of thissectionshallrenderthecontractvoidable.Thecitymanagershallincludethe provisions of thissectioninallcitybiddocuments,RFPsand RFQs;provided, however,thatfailuretodososhallnotrenderany contract voidable. **& Section 2.Codification.The provisions of this ordinance shall become andbemade part of theCode of Ordinances of theCity of SouthMiamiasamended;thatthesections of this ordinancemayberenumberedorre-letteredtoaccomplishsuchintention;andthattheword "ordinance"maybechangedto"section"orotherappropriateword. Section 3.Severability.If anysection,clause,sentence,orphrase of thisordinanceis forany reason held invalid or unconstitutional bya court of competent jurisdiction,this holding shallnotaffectthevalidity of theremainingportions of thisordinance. Section 4.Ordinances in Conflict.Allordinancesorparts of ordinancesandall sections andpartsofsectionsof ordinances indirectconflictherewitharehereby repealed. However,itisnottheintent of thissectiontorepealentireordinances,orpartsof ordinances, thatgivetheappearance of beinginconflictwhenthetwoordinancescanbeharmonizedor whenonlyaportion of theordinanceinconflictneedstoberepealedto harmonize the ordinances.Ifthe ordinance in conflict canbe harmonized by amending its terms,itis hereby amended to harmonize thetwo ordinances.Therefore,onlythatportionthatneedstobe repealed toharmonizethetwoordinancesshallberepealed. Section5.EffectiveDate.Thisordinanceshallbecomeeffectiveuponenactment. PASSED AND ENACTED this 17thday of December ,2014. 1st Reading-12/2/14 2nd Reading-12/17/14 READ ANDApPROVED AS. language;LEGALT EXESOTfcN THEREC ORM: Page 7 of7 APPROVED: AAYORMA COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea MEMORANDUM TO:Mayor,ViceMayor,City Commissioners andCity Manager FROM:Thomas F.Pepe,City Attorney DATE:November 20,2014 RE:Amendment to Lobbying Ordinance S While I initially intended to only amend the definitions,exemptions and exceptions found in the City's lobbying ordinance by adopting those found intheCounty's ordinance,I discovered that the County's ordinance did not define the word "Principal"and there didn't appear tobea provision to take into consideration situations where a relative or friend of an individual appears asa representative/lobbyist for purely personal matters.In addition,the City Manager and City Clerk desired to make changes to the ordinance as well.Therefore,the ordinance that is being proposedisan amalgam of ideasandsuggestions of allthree of us. The County's Lobbying Ordinance applies to the City of South Miami and City lobbyist and the City's lobbying ordinance may not be less restrictive than the County's ordinance.According to the County's ordinance andan opinion thatI previously had from the Commission on Ethics ("COE")in 2013,as well as.my recent conversation with an attorney at the offices of the COE, just about everyone who represents someone,other than themselves,isa lobbyist,with minor exceptions or exemptions from registration or payment of fees.This definition ofa lobbyist includes a relative of an individual,each and every "principal"of any entity.While the County ordinance does not define theword "Principal"ofan entity,the Commission on Ethics has published some examples found at the end of this memorandum.Even the pastor ofa church,a rabbi oran Islamic clergyman isa lobbyist if he/she is representing his/her church,or someone other than himselfTherself,and if he/she is seeking,on their behalf,to influence any action, decision,recommendation of someone with the city,including the city manager,city attorney, department heads,city personnel,or members of the city commission or members of any city board,concerning a matter that could foreseeably be addressed by the city commission or a city board and if he/she does not meet any of the following exceptions or exemptions. The following representatives ofa principal are not considered by the County's ordinance to be lobbyists.See Seel 1.1 (s)(l)(b): a)Representatives who appear ata publically noticed Quasi-judicial proceeding; b)Representatives,without compensation,representing a "neighborhood association"; c)Expert witnesses atapublicmeeting; d)Community based not-for-profit that is seeking a grant and who is not receiving special compensation;and e)Employees whose normalscopeofemploymentisnotlobbying. The following representatives ofa principal [see sec.2-1 l.l(s)(3)]are considered by the County's ordinance tobe lobbyists but they are exempt from registering: a)Public Officers &Employees representing a public entity Sec.2-1 l.l(s)(3)(a); b)An individual's own Self Representation without compensation Seel 1.1 (s)(3)(b); The following representatives ofa principal are considered tobe lobbyists by the County's ordinance (Seel 1.1 (s)(l)(b)and must register,but if they do so without special compensation theyare exempt from paying afee: a)The Principal of theentity Seel l.l(s)(3)(b); b)Representatives of Not-for-Profit entities Seel 1.1 (s)(4); c)Certified Micro Enterprise Seel 1.1 (s)(4); d)Level I Community SmallBusinessEnterprise Seel 1.1 (s)(4);and e)Tier1 Community BusinessEnterprise Seel 1.1 (s)(4); The following representatives are considered bythe County's ordinance tobe lobbyists but need not register asa lobbyist if they are making a presentation to County or City Staffand if they are listedinanaffidavitfiledwithCountyorCityStaff: Members of an oral presentation team appearing beforeanevaluation,selection, technical review,certification committee or similar committee. Note thatthe COE does not have a definition for "special compensation"and the attorney I spoketois requesting aCOEspecialopinion defining this phrase. Miami-Dade County Commission on Ethics and Public Trust "Lobbying in Miami-Dade County FAQs"includes the following examples ofwhois considered bythe COE to be the "Principal"of an entity: Whoisaconsidereda Principal? •The President of a corporation. •Theowner,presidentor chief shareholder of acorporationoranindividualwho hasbeendesignatedorwhohastheapparentauthoritytomakefinaldecisionson behalf of thecorporateentitywhoisengagedinlobbyingactivitiesasdefined above. •Amemberofthe corporate board engaged in lobbying whohasbeen appointed by the corporation toserveasits representative during negotiations or lobbying activities. •But,anofficer of an entity,suchasachief financial officer,isnota principal if his/hernormalscope of employment doesnotincludelobbying activities. MDCEthic's Code 2-11.1 (s)Lobbying. (1)(a)As used in this section,"County personnel"means those County officers and employees specified In Section 2-ll.l(i)(2)ofthe Miami-Dade County Conflict ofInterestandCodeof Ethics Ordinance. (b)As used in this section,"Lobbyist"means all persons,firms,or corporations employed or retained bya principal whoseeksto encourage the passage,defeat,or modifications of (1)ordinance, resolution,actionor decision ofthe County Commission;(2)anyaction,decision,recommendation of the County ManageroranyCountyboardorcommittee;or (3)anyaction,decision orrecommendation of County personnel during thetime period oftheentire decision-making process onsuch action, decision or recommendation which foreseeably will be heard or reviewed by the County Commission,or a County boardor committee."Lobbyist"specifically includes the principal as well as anyemployee whose normal scope ofemployment includes lobbying activities.The term "Lobbyist"specifically excludes the following persons:attorneys orother representatives retained or employed solely forthe purpose of representing individuals,corporations orother entities during publicly noticed quasi-judicial proceedings where the law prohibits ex-parte communications;expert witnesses who provide only scientific,technical orother specialized information or testimony in public meetings;any person who onlyappearsasa representativeofa neighborhood association without compensation or reimbursement forthe appearance,whether direct,indirect or contingent,to express supportofor opposition toany item;anypersonwho only appearsasa representative ofa not-for-profit community based organization forthepurposeof requestingagrant without special compensation or reimbursement forthe appearance;and employees ofa principal whose normal scope ofemployment does not include lobbying activities. (2)All lobbyists shall register with the Clerk ofthe Board of County Commissioners within five (5) businessdaysofbeingretainedasa lobbyist orbefore engaging inany lobbying activities,whichever shallcomefirst.Every personrequiredtosoregistershall: (a)Registeronforms prepared by the Clerk; (b)State under oath hisorhername,business address and the nameandbusiness address ofeach personorentity which has employed saidregistrantto lobby.If the lobbyist representsacorporation, the corporation shall also be identified.Without limiting the foregoing,the lobbyist shall also identify all persons holding,directlyorindirectly,a five (5)percentormoreownership interest insuchcorporation, partnership,ortrust.RegistrationofalllobbyistsshallberequiredpriortoJanuary15ofeachyearand eachpersonwhowithdrawsasalobbyistforaparticularclientshallfilean appropriate noticeof withdrawal.The feefor annual registration shall befour hundred and ninety dollars ($490.00).Every registrant shall berequiredtostatetheextentofanybusinessor professional relationship withany currentpersondescribedin subsection (b)(1).Theregistrationfeesrequiredbythis subsection shallbe depositedbythe Clerk intoa separate accountandshallbeexpendedforthepurposeof recording, transcribing,administrationand other costsincurredinmaintainingtheserecordsfor availability tothe public.Notwithstandingthe foregoing,fifteen (15)percentoffuturefunds generated bylobbyist registrationfeesafterthe effective date of thisordinanceshallbe deposited intoa separate account, andshallbe expended by the EthicsCommissionfor the purposes of educational outreach,the rendering of advisoryopinionsand enforcement of theprovisionsofSection 2-ll.l(s)relatingto lobbyists.There shall benofeerequiredfor filing anoticeofwithdrawaland the Board of County Commissionersmay,initsdiscretion,waive the registrationfeeuponafinding of financialhardship. (c)Prior toconductinganylobbying,all principals must fileaformwith the Clerk of the Boardof County Commissioners,signedby the principalor the principal's representative,stating that the lobbyist \s authorizedto represent the principal.The principal and the lobbyist must also submit ajointaffidavit statingthatthe principal hasnotofferedandthelobbyisthasnotagreedtoacceptany contingency or successfeesasdefinedinsubsection (s)(7).Failure of a principal tofile the requiredformsmaybe considered in the evaluation of abidorproposalas evidence that a proposer or bidder is not a responsiblecontractor.Each principal shallfileaformwiththeClerk of the Boardat the pointin time at whicha lobbyist isnolonger authorized to represent the principal. (d)Each lobbyistshall,withinsixty(60)daysafterregisteringasalobbyist,submit to the Clerk of the Board acertificate of completionofanethicscourseofferedbythe Miami-Dade CountyCommission onEthicsandPublicTrust("EthicsCourse").Lobbyists who have completed the initialEthicsCourse mandated by the preceding sentence andhave continuously registered asa lobbyist thereafter shallbe requiredto complete arefresher Ethics Courseeverytwoyears.Each lobbyistwhohas completed a refresher Ethics Course shall submittothe Clerk ofthe Board acertificateofcompletionwithinsixty (60) daysafterregisteringasalobbyist.TheEthicsCourseshallinclude,but not be limited to,a review of the followingtopics:the Conflict of Interest andCode of EthicsOrdinance;the Sunshine Law;and the Public Records Law.Thefeeforthe Ethics Courseshallbeonehundreddollars($100.00).Theregistrationfees requiredbythis subsection shallbe deposited intoa separate account,andshallbe expended by the Ethics Commissionfor Ethics Coursesandrelatedcosts.The requirements of this subsection relatingto the Ethics Courseshallnotbeapplicabletoanymunicipallobbyistin Miami-Dade Countyunlesssaid municipalityhas adopted an ordinance providingfor ethics training of lobbyists,andhas entered intoan interlocal agreement with the County authorizing the Ethics Commission to provide the EthicsCourse provided forin this subsection.The Executive Director of the Ethics Commission may waive the Ethics Course requirement foraparticular lobbyist when heor she determines that the lobbyist has taken an initialor refresher EthicsCourse offered bya municipality which satisfies the requirements of this subsection. (3)(a)Any public officer,employee orappointeewhoonlyappearsinhisorherofficial capacityshall not be required to register asa lobbyist. (b)Anypersonwhoonlyappearsinhisorherindividualcapacityforthepurposeofself- representation without compensation or reimbursement,whether direct,indirect or contingent,to express support ofor opposition toanyitem,shall not berequiredto register asalobbyist.Aprincipal ofany corporation,partnership orotherentitywho appears asa lobbyist onbehalfofthatentity, withoutspecial compensation or reimbursement fortheappearance,whether direct,indirector contingent,toexpresssupportoforoppositiontoanyitem,shallregister withthe Clerk asrequiredby this subsection,but shall not be required to payany registration fees. (4)Any person who only appearsasa representative ofa not-for-profit corporation orentity (such asacharitable organization,oratrade association ortrade union),withoutspecialcompensationor reimbursementfortheappearance,whether direct,indirect orcontingent,toexpresssupportofor oppositiontoanyitem,shallregisterwiththe Clerk asrequiredbythissubsection,but,uponrequest, shallnotbe required topayany registration fees.Any principal whoonlyappearsasarepresentativeof acertified Micro Enterprise,asdefinedinSection2-8.1.1.1.1oftheCode,asa representative ofa certified Level I CommunitySmallBusinessEnterprise,asdefinedinSection10-33.02orasa representative ofacertifiedTier1Community Business Enterprise,asdefinedinSection2-10.4.01, withoutspecialcompensationor reimbursement forthe appearance,whether direct,'indirector contingent,to express supportofor opposition toanyitem,shall registerwiththe Clerk asrequiredby thissubsection,but,uponrequest,shallnotberequiredtopayanyregistrationfees. (5)Any person whoappearsasa representative foran individual or firm for an oral presentation beforeacounty certification,evaluation,selection,technicalrevieworsimilarcommittee,shalllistonan affidavitprovidedbythe County,all individuals whomaymakea presentation.Theaffidavitshallbe filed bystaffwiththe Clerk's office atthetimetheproposalissubmitted.Forthepurposeofthissubsection only,the listed membersofthe presentationteam shall notbe required topay any registration fees. No person shall appear before any committee on behalf ofan individual or firm unless he or she has beenlisted aspartofthefirm'spresentationteam pursuanttothisparagraphorunlessheorsheis registered with the Clerk'sofficeandhaspaidallapplicablefees. (6)(a)On July 1ofeachyear,the lobbyist shall submit tothe Clerk ofthe Board of County Commissioners asigned statement underoath,asprovidedherein,listing all lobbying expendituresin excessoftwenty-fivedollars($25.00)fortheprecedingcalendaryear.A statement shallnotbefiledif there havebeenno expenditures during the reportingperiod.The statement shalllistindetaileach expenditure bycategory,includingfoodandbeverage,entertainment,research,communication,media advertising,publications,travel,lodgingandspecialevents. (b)The Clerk ofthe Board of County Commissioners shall notify any lobbyist who fails to timely file an expenditure report.Inadditiontoany other penalties whichmaybe imposed asprovidedin subsection (s)(9),afineoffiftydollars($50.00)perdayshallbeassessedforreportsfiledafterthedue date.Wherea fine of fifty dollars ($50.00)perday is assessed,the Ethics Commission shall notimposea fine as provided in subsection (z).Any lobbyist who fails to file therequired expenditure reportby September 1shallbe automatically suspended fromlobbyinguntilallfines are paidunless the finehas been appealed to the Ethics Commission. (c)The Clerk ofthe Board ofCounty Commissioners shallnotifythe Commission on Ethics and PublicTrustofthefailure of alobbyistorprincipaltofileareport and/or paytheassessedfines after notification. (d)Alobbyistor principal mayappealafineandmay request ahearing before the Commissionon EthicsandPublicTrust.A request forahearingon the fine must befiled with the Commission onEthics andPublicTrustwithin fifteen (15)calendardays of receipt of the notification of the failuretofile the required disclosure form.The Commission on Ethics and Public Trust shall havetheauthoritytowaive the fine,in whole orpart,based ongood cause shown.The Commission onEthicsandPublic Trust shall havetheauthoritytoadoptrulesof procedure regarding appeals from the Clerk ofthe Board ofCounty Commissioners. (7)No person may,in whole orin part,pay,give or agree to pay or give a contingency feeto anotherperson.No personmay,inwholeorin part,receiveoragreetoreceiveacontingencyfee.As usedherein,"contingencyfee"meansafee,bonus,commission,or nonmonetary benefit as compensation whichis dependent onorinanyway contingent on the passage,defeat,or modification of:(1)an ordinance,resolution,action or decision ofthe County Commission;(2)any action,decision or recommendationoftheCounty Manager oranyCountyboardorcommittee;or (3)anyaction,decision or recommendation of County personnel during thetime period oftheentire decision-making process regarding such action,decision or recommendation which foreseeably will be heard or reviewed bythe County Commission,ora County board or committee. (8)The Clerk shall publish logs ona quarterly and an annual basis reflecting the lobbyist registrations which havebeen filed in accordance withthis subsection (s).All logs required bythis ordinance shall be prepared inamanner substantially similar tothe logs preparedforthe Florida Legislature pursuant to Section 11.045,Florida Statutes. (9)The Ethics Commission shall investigate any person engaged in lobbying activities who may be in violation of this subsection (s).In the event that aviolation \s foundtohave been committed the Ethics Commission may,in addition tothe penalties set forth insubsection (z),prohibit suchpersonfrom lobbying before the County Commission or any committee,board or personnel ofthe County as provided herein. Every lobbyist whois found tobe in violation of this section shall be prohibited from registering asa lobbyist or lobbying in accordance withthe following schedule: 1st violation foraperiodof90daysfromthedateofdeterminationof violation; 2nd violation fora period ofone (1)year from thedateof determination of violation; 3rd violation for a period of five (5)years from thedateof determination of violation; Abidderor proposer shall besubjecttothedebarment provisions ofSection10-38oftheCodeof Miami-Dade County as ifthe bidder or proposer were a contractor where the bidder or proposer has violated this section,either directly or indirectly or any combination thereof,onthree (3)ormore occasions.As used herein,a "direct violation"shall mean a violation committedbythe bidder or proposer and an "indirect violation"shall mean a violation committed bya lobbyist representing said bidderor proposer.Acontractenteredintoin violation ofthissection shall alsorenderthecontract voidable.The County Manager shall include the provisions ofthis subsection in all County bid documents,RFP,RFQ,CBO and CDB6 applications;provided,however,the failure todososhallnot renderanycontractenteredintoastheresultofsuch failure illegal perse. (10)All members ofthe County Commission,and all County personnel,shall be diligent to ascertain whether persons required to register pursuant tothis subsection havebeen complied.Commissioners or Countypersonnelmaynotknowinglypermitapersonwhoisnotregisteredpursuanttothissubsection tolobbythe Commissioner,ortherelevantcommittee,boardorCounty personnel. (11)Except as otherwise provided in subsection (s)(9),the validity ofany action or determination of the Board of County Commissioners or County personnel,board or committee shall notbe affected by the failure of anypersontocomplywiththe provisions of thissubsection (s). (Ord.No.86-24,§1,4-1-86;Ord.No.91-22,§1,2-19-91;Ord.No.92-27,§1,4-21-92;Ord.No.95-21,§ 1,2-7-95;Ord.No.98-73,§1,6-2-98;Ord.No.98-76,§1,6-2-98;Ord.No.00-19,§1,2-8-00;Ord.No. 01-93,§1,5-22-01;Ord.No.01-162,§1,10-23-01;Ord.No.10-03,§1,1-21-10;Ord.No.10-04,§1,1- 21-10;Ord.No.10-34,§1,6-3-10;Ord.No.10-56,§1,9-21-10;Ord.No.12-10,§1,3-6-12;Ord.No.12- 63,§1,9-6-12) Sec.8A-5.-Lobbyists;registration,reporting,fees,exemptions,expenditures,and penalties. (a)This section shall be known as the Cityof South Miami Lobbyist Registration Ordinance. (b)Definitions.For the purposes ofthis section,the following terms shall have the definitions contained herein: (1)Lobbyist means allnatural persons,unincorporated associations,or business entities,firms, corporations,principals employed orretained,forfinancial compensation,which includes non monetary compensation ofsimilarvalue,byaprincipal who seeks to encourage the passage, defeat,or modification of any of the following: a.Ordinance,resolution,action,ordecisionofthecity commission,themayor,orany commissioner; b.Action,decision,orrecommendationofanycityboard,committee,or agency,including without limitation,thegoverningandadvisoryboardsofthecity community redevelopment agency and the health facility authority;or c.Action,decisionor recommendation ofthecity manager,deputy,assistant,or assistant to thecity manager,department heads,division heads,cityattorney,assistant cityattorney (except when such personnel areactingin connection withquasi-judicialor administrative hearings)duringthe time periodoftheentire decision-making process onanaction, decisionor recommendation which foreseeably will beheardorreviewedbythecity commission,oracityboard,committee,or agency. "Lobbyists"specificallyincludesthe principal,aswellasanyagent,attorney,officeror employee ofa principal,regardlessofwhetherlobbyingactivities fall withinthenormal scope of employment oftheagent,attorney,officeror employee."Lobbyist"shall exclude anyperson whoonly appears asa representative of those identifiedin subsection (e). (2)Principal means the natural person,firm,corporation orotherentitythathasemployedor retained a lobbyist. (3)Consultant means an individual,corporation,partnership or business entitythathasbee retained,forfinancial compensation,which includes non-monetary compensation ofsimilar value,to assist orprovideanyprofessional services toanentityin seeking approvalofanitem fromthecity commission orstaff,ortoobtaina contract withthecity. (c)(1)Registration and filing requirements:All lobbyists shall,beforeengaginginany lobbying activities,registerwiththecityclerk.Everypersonrequiredtoregistershallregisteronforms prepared by the cityclerk,payaregistrationfee as specified in the fee schedule and state under oath: a.Name and business address oflobbyist; b.Name and business address of principal; c.Thenameand business addressofeachperson,consultant,or entity,within thepreceding five (5)years,for whom thelobbyist was employed asalobbyist; d.The commissioner or personnel sought tobelobbied;and e.Thespecific issue onwhichthelobbyisthas been employed tolobby; (2)Change or modification of information.Anychangetoany information originally filed,orany additional citycommissionerorpersonnelwhoarealsosoughttobe lobbied shall require the lobbyistto file an amendment tothe registration forms,althoughnoadditionalfeeshallbe required for suchamendment.The lobbyist hasa continuing dutytosupply information and amendtheforms filed throughoutthe period for whichthelobbyingoccurs. (3)Disclosure.If the lobbyist representsa corporation,partnership or trust,thechief officer,partner or beneficiary shallalsobe identified.Without limiting the foregoing,thelobbyistshallalso Page 1 identify all persons holding directly or indirectly,aten (10)percent or more ownership interest in the corporation,partnership or trust.Any consultant shall identify itself andthe capacity in which s/he has bee retained. (4)Separate registration requirements.Separate registration shall be required for each principal represented on each specific issue.The issue shall be described with as much detailasis practical,including but not limited toa specific description where applicable ofa pending request for a proposal,invitation to bid,or public hearing item.The city clerk shall reject any registration statementthatdoesnot provide a description ofthespecificissueonwhichthe lobbyisthas been employed. (5)Each person who withdraws asa lobbyist for a particular client shall file an appropriate notice of withdrawal. (6)Fees.Each lobbyist shall paya registration fee,as specified inthe city's standard scheduleof feesatthetimeof registering with thecity clerk,everyyear from October 1 through September 30.There shall benofee required for filing a notice of withdrawal,andthe city manager shall waivethe registration feeupona finding of financial hardship,baseduponasworn statement of the applicant.Prior to conducting any lobbying ona matter,all lobbyists must file a form with the city clerk,signed bythe principal orthe principal's representative,stating thatthe lobbyist is authorized to represent the principal.Any person whoonly appears asa representative ofa nonprofit corporation orentity(suchasa charitable organization,neighborhood orhomeowner association,local chamber of commerce and merchant's association,trade association ortrade union),without special compensation or reimbursement for the appearance,whether direct, indirect,or contingent,toexpress support or opposition toany item,shall notbe required to registerwiththecityclerkasrequiredbythis subsection. (7)Disclosure and appearance of impropriety.In addition tothe matters addressed above,every registrant shall be required tostatetheextentofanybusiness,financial,familial or professional relationship,or other relationship giving rise toan appearance ofan impropriety,with the mayor, any city commissioner,or personnel whois sought tobe lobbied as identified onthe lobbyist registration form filed. (8)Dutyofthecity commission,boards,committees,agencies,andemployees.All membersofthe city commission and all city personnel,including all board,committeeandagencymembers, shallbe diligent toascertainwhetherpersons required toregisterpursuanttothissectionhave compliedwiththe requirements ofthis division.Themayor,commissioners,board,committee and agency members,andcitypersonnelmaynotknowinglypermit themselves tobelobbied bya person who isnot registered pursuant tothis section. (9)Lobbyists,including all consultants,shall sign in with thecity clerk before meeting with anycity officials.All covered city officials,personnel,and members shall maintain logs of ail telephone andelectronic communications withlobbyists. (d)List of expenditures. (1)OnOctober1ofeachyear,lobbyists shallsubmittothecityclerkasigned statement under oath,as provided bytheclerk,listing all lobbying expenditures for the preceding calendaryear. A statement shallnotbe filed iftherehavebeennoexpenditures during the reporting period. The statement shalllistindetaileachexpenditurebycategory,including foodandbeverage, entertainment,research,communication,mediaadvertising,publications,travel,lodgingand special events andshallidentifythecity officials,personnel,and members uponwhomthe expenditures were made. (2)Thecityclerkshallnotifyanylobbyistwho fails totimely file anexpenditure report.In additionto anyotherpenaltieswhichmaybeimposedunderthischapter,afineof fifty dollars($50.00)per dayshallbe assessed for reports filedafterthe October 1 due date. (3)Thecityclerkshallnotifythecounty commission onethicsandpublictrustofthe failure ofa lobbyisttofileareport and/or paythe assessed finesafternotification. Page 2 (4)A lobbyist may appeal afine and may request a hearing before the county commission on ethics and publictrust.A request fora hearing on the fine must be filedwith the county commission on ethics and publictrustwithinfifteen(15)calendars days of receipt of the notificationof the failuretofilethe required disclosure form.The county commission on ethics and public trust shall have the authorityto waive the fine,in whole orinpart,based on good cause shown. (e)Exceptions toregistration.The following persons will be exempt from the provisions ofthis section: (1)Any person whoonly appears inhisorherindividual capacity atapublic hearing before thecity commission,board,committee,agency meeting,and has no other communication with the city personnel,for the purpose of self-representation without compensation or reimbursement, whether direct,indirect,or contingent,to express support ofor opposition to any item,shall not be required to register as alobbyist,includingbutnotlimitedto those who are members of homeowners or neighborhood associations.All speakers shall,however,sign-inonforms available at thepublic hearing ormeeting.Additionally,any person or representative of a business entity requested to appear beforeanycity commission,orboard,committee,or agency meeting,orany person or representative compelledto answer foror appealing a code violation,orany administrative hearingshallnotberequiredto register,norshallanyagent, attorney,officer or employee of the person. (2)Any public officer,employeeorappointeeoranypersonorentityincontractual privity with the city whoonlyappearsinhisorher official capacityshallnotbe required toregisterasa lobbyist. (3)Any personappearingasanexpertwitnesscalledinproceedingsbeforethe commission,any boardoracommitteeorthe administration ofthecitywho presents testimonyinsupportofa positionorexplaining such position. (f)Penalties. (1)Violations ofthissectionmaybedeterminedbythe Miami-Dade County Commission onethics and public trust.A finding bythe commission thatapersonhas violated thischaptershall subjectthepersontoa five hundreddollars($500.00)civil penalty.Thecommissiononethics may additionally provide otherpenaltiessuchas admonition and public reprimand,as well as prohibitions from registering asa lobbyist or engaging in lobbying activities beforethe city. (2)Additional!,everypersonwhois found tobein violation ofthischaptershallbe prohibited from registering asa lobbyist or lobbying inaccordance with the following schedule: •First violation foraperiodofone(1)year from thedateofdeterminationof violation; •Second violation fora period of two (2)years from thedateof determination of violation; •Thirdviolationforaperiodof three (3)years frorhthe date of determination ofviolation. The city commission may debara bidder or proposer from lobbying activities in the city,and from entering into contracts with the city,orany agency or authority ofthe city when the bidder or proposer either directly or indirectly,on three or more occasions,has been found to have violated the lobbyist provisions of this section. 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 violation of this section shall render the contract voidable.The city manager shall include the provisions of this section in all city bid documents,RFPs and RFQs;provided,however, thatfailuretodososhallnot render any contract voidable. (3)Except as otherwise provided in subsection (f)(1),the validity ofany action or determination of the city commission,board,committee,or agency shall not be affected by the failure of any person to comply with the provisions ofthis section. Page 3 (g)Prohibition on appointment of lobbyists to boards and committees.No person who is required to register with the city clerk asa lobbyist shall serve on any board or committee of the city.Any person whois required to register asa lobbyist subsequentto being appointed toa board or committee shall be disqualified from participating on the board or committee from the date that the person knew,or reasonably should have known,that he or she was required to register.No person shall'be appointed toa board or committee for a period of nine (9)months from the time the person files a statement with the city clerk withdrawing his or her registration asa lobbyist.The penalty provisions of subsection (f)shall apply toany lobbyist who violates this prohibition, (Ord.No.1251,§§1—6,6-3-86;Ord.No.1712,§1,4-11-00;Ord.No.1722,§1,9-19-00;Ord.No. 1876,§1,2-7-06;Ord.No.2153,§§1,2,2-5-13) Editor's note— Although §9of Ord.No.1251,adoptedJune 3,1986,specified inclusion inch.2,the editor has included the provisions in§8A-5 since§7ofthe ordinance repealed Ord.No.1233, adoptedJune14,1985,§§1,2 ofwhichhadbeenincludedas§8A-5 Page 4 26SE |SUNDAY,DECEMBER 7,2014 Public Notice The Public isadvised that the South AMunicipal Advisory Committee (MAC)will be holding a meeting on Wednesday,December 10,2014 at 6:30 P.M.at Deerwood Bonita Lakes Park,14445 SW 122nd Avenue, Miami,33186. The MAC will beevaluating the potential incorporation ofthe area into a separate municipality;itwill also be meeting with staff todiscuss the County's concerns regarding any adverse Impact tothe remaining unincorporated municipal service area orother regional municipal-type services that could occur due toany such incorporation. TheMAC areais generally bounded as follows: NORTHERN MOSTBOUNDARY:SW120th Street SOUTHERN MOST BOUNDARY:SW232nd Street EASTERN MOSTBOUNDARY:US1 WESTERN MOST BOUNDARY:SW157thAvenue (Boundaries onlyincludeareaswithin County Commission District 9forstudy area) The public is invited toshare itsthoughts onincorporation,theproposed boundaries,services itwishes tos enhanced andanyadditional information thatmayassistthe MAC in il Forlegaladsonline,gotohttp://Iegalads.miamidade.gov MiamiHerald.com|MIAMI HERALD CITY OF SOUTH MIAMI COURTESY NOTICE NOTICEISHEREBY given thattheCityCommission oftheCityof South Miami,Florida willconduct Public Hearing(s)atitsregularCityCommission meeting scheduled for Wednesday,December 17.2014 beginning at 7:00 p.m.,inthe City Commission Chambers,6130 Sunset Drive,toconsider the following itcm(s): A Resolution authorizing theCity Manager to negotiate anagreement with ADP to provide payroll services, Human Resources andTime&Attendance integrated software solution. AnOrdinance amending Section 4-2(a)ofthe City Code adding drugstores,convenience stores andservice stations as listed usesinthetable of distance requirements regarding alcohol sale. AnOrdinance amending Section 20-4.2 oftheCityofSouth Miami*Land Development Code toaddcriteria for the City*approval ofa plat orre-phi tentatively approved bythe Miami-Dade County. An Ordinance amending Sec.8A-5 (a),(b),(c),(c)and (0 of Chapter 8A of the City of South Miami*Codc\ ofOrdinances as to definitions and exemptions and adopting applicable portions ofthe Miami-Dade County \ lobbying ordinance concerning definitions and exemptions as well as providing stricter requirements and Ipenalties.J AnOrdinance amending theLand Development Code Section 20-4.5 and 20-4.5.1.including,butnotlimited to, provisions concerning intent,definitions,applicability and providing for tree removal requirements,applications, permits,fees treemitigation andprotection,enforcement,penalties,remedies,andappeals. ALLinterested partiesarc invitedtoattendandwillbe heard. Forfurther information,pleasecontact theCityClerk*Office at:305-663-6340. MariaM.Menendez,CMC CityClerk Pursuant toFlorida SlattUes 386.0105.Ibe City hereby advises the public that ifs person decides toappeal any decifion made bythis Board.Agency orCommission with respect toany runner considered atitsmeeting orhearing,heorshe will need arecord ofthe proceedings,and that for such purpose affected person may need u>ensure that averbatim record ofIhe proceedings ismade which record includes Ihc testimony and evidence uponwhich die appealistobebased. ( MIAMI DAILY BUSINESS REVIEW Published Daily exceptSaturday,Sundayand LegalHolidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared MARIA MESA,whoonoath says that heor she isthe LEGAL CLERK,LegalNoticesoftheMiamiDailyBusiness Review f/k/a Miami Review,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,published atMiamiinMiami-Dade County,Florida;thatthe attached copyof advertisement, being aLegal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 12/17/2014 in the XXXX Court, was published in said newspaper inthe issues of 12/05/2014 Affiant further says thatthesaid Miami Daily Business Review isa newspaper published at Miamiin said Miami-Dade County,Floridaandthatthesaid newspaper has heretoforebeencontinuouslypublishedinsaid Miami-Dade County, Florida,each day(exceptSaturday,Sunday andLegalHolidays) and has been entered as second class mailmatteratthepost officeinMiamiinsaidMiami-DadeCounty,Florida,fora periodof one year nextprecedingthefirstpublicationofthe attached copycrf advertisement;andaffiantfurther says thatheor she ha^ettfteTpaiaJp^^person,firm or corporation apylfiscount,refealeTcommission o^efund for the purpose •"of securing this advertisement for publication inthesaid newspaper. (SEAL) MARIAMESA personally known to me W-