8MEMORANDUM
TO:Mayor,ViceMayor,CityCommissionersandCityManager
FROM:Thomas F.Pepe,City Attorney
DATE:November 20,2014
RE:Amendment to Lobbying Ordinance
9
While I initially intendedtoonly amend the definitions,exemptions and exceptions found inthe
City'slobbyingordinancebyadoptingthosefoundintheCounty'sordinance,Idiscoveredthat
theCounty'sordinancedidnotdefinetheword"Principal"andthere didn't appeartobe a
provision to take into consideration situations where a relative or friend ofan individual appears
asa representative/lobbyist forpurely personal matters.In addition,theCity Manager andCity
Clerk desired tomakechangestothe ordinance as well.Therefore,the ordinance thatisbeing
proposed isan amalgam of ideasand suggestions of allthree of us.
TheCounty'sLobbyingOrdinanceappliestotheCity of SouthMiamiandCitylobbyistandthe
City's lobbying ordinancemaynotbeless restrictive thantheCounty's ordinance.According to
the County's ordinance andan opinion thatI previously hadfromthe Commission onEthics
("COE")in2013,aswellasmy recent conversation withan attorney atthe offices of the COE,
just abouteveryonewhorepresentssomeone,otherthanthemselves,is a lobbyist,withminor
exceptionsor exemptions fromregistrationorpayment of fees.Thisdefinition of alobbyist
includesarelative of anindividual,eachandevery "principal"of anyentity.WhiletheCounty
ordinance doesnot define theword "Principal"of anentity,the Commission onEthicshas
published some examples foundattheend of this memorandum.Eventhe pastor of a church,a
rabbioran Islamic clergyman isa lobbyist if he/sheis representing his/her church,or someone
other than himself/herself,and if he/she is seeking,on their behalf,to influence any action,
decision,recommendation of someone withthecity,including thecity manager,city attorney,
department heads,city personnel,or members of thecity commission or members of anycity
board,concerninga matter thatcouldforeseeablybeaddressedbythecitycommissionoracity
boardandifhe/shedoesnotmeetany of the following exceptions or exemptions.
The following representatives of a principal arenot considered bythe County's ordinance tobe
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 normal scope ofemploymentisnot lobbying.
The following representatives ofa principal [see sec.2-1 l.l(s)(3)]are considered bythe
County's ordinance tobe lobbyists but they are exempt from registering:
a)PublicOfficers&Employees representing a public entity Sec.2-11.1 (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 bythe County's
ordinance (Seel 1.1 (s)(l)(b)and must register,butif they doso without special compensation
theyare exempt from paying afee:
a)The Principal of theentity Seel 1.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)LevelICommunity SmallBusiness Enterprise Seel 1.1 (s)(4);and
e)Tier1Community Business Enterprise Seel 1.1(s)(4);
ThefollowingrepresentativesareconsideredbytheCounty'sordinancetobelobbyistsbutneed
notregisterasalobbyist if theyare making a presentation to County orCityStaffandiftheyare
listedinanaffidavitfiledwithCountyorCityStaff:
Members of an oral presentation team appearing beforean evaluation,selection,
technical review,certification committee or similar committee.
NotethattheCOEdoesnothaveadefinitionfor "special compensation"andtheattorneyI
spoketois requesting aCOEspecial opinion definingthisphrase.
Miami-Dade County Commission on Ethics and Public Trust
"Lobbying inMiami-DadeCounty FAQs"includesthefollowing examples ofwhois considered by the
COE to be the "Principal"ofan entity:
Who isa considered a Principal?
•The President of a corporation.
•The owner,president or chief shareholder of a corporation oran individual who
hasbeen designated orwhohasthe apparent authority tomakefinal decisions on
behalf of the corporate entity who is engaged in lobbying activities as defined
above.
A member of the corporate board engaged in lobbying who has been appointed by
the corporation to serve as its representative during negotiations or lobbying
activities.
But,an officer ofan entity,such asachieffinancial officer,is not a principal if
his/her normal scope of employment does not include lobbying activities.
1 ORDINANCENO.
2
3An Ordinance amending Sec.8A-5 (a),(b),(c),(e)and(f)of Chapter 8Aof
4 the City of South Miami's Code of Ordinances asto definitions and
5 exemptions and adopting applicable portions ofthe Miami-Dade County
6lobbyingordinanceconcerningdefinitionsandexemptionsaswellas
7 providing stricter requirements andpenalties.
8
9 WHEREAS,the City,its boards,committees,and agencies,including the Community
10 Redevelopment Agency ("SMCRA")and lobbyists in the City are required to comply with the
11 Miami-DadeCountylobbyingordinance;and
12
13 WHEREAS,the City's current definition ofa lobbyist is less inclusive than the County's
14 lobbying ordinance and therefore,tothe extent thatitisless inclusive,itisnot enforceable;and
15
16 WHEREAS,according totheCity's current definition ofa lobbyist,the individual
17 officers and the employees ofa closely held corporation or other business entity with only a few
18 stockholders or members is required not only to register asa lobbyist but to also pay a lobbyist
19 fee when attempting to influence the City Commission,the City Manager or other City
20 personnel;and
21
22 WHEREAS,according to the City's current definition ofa lobbyist:"Any person who,
23 during thetimeperiodoftheentire decision-making processonanaction,decision or
24 recommendation which foreseeably will be heard or reviewed by the city commission,ora city
25 board,committee,or agency,advocated in favor ofor opposes any action,decision,
26 recommendation ofthe deputy,assistant,or assistant tothecity manager,department heads,
27 division heads,city attorney,assistant city attorney (except when such personnel are acting in
28 connection with quasi-judicial or administrative hearings)and any other City personnel"has
29beeninterpretedtoincludeshopmangers;and
30
31 WHEREAS,according totheCity'scurrent definition ofa lobbyist,the individual
32 officers and the employees ofa closely held corporation or other business entity with only a few
33 stockholders or members is required not only to register asa lobbyist butto also pay a lobbyist
34 fee when attempting to influence the City Commission,the City Manager or other City
35 personnel;and
36
37 WHEREAS,Miami-Dade County's lobbying ordinance applies totheCityandCity
38 lobbyist andit defines theterm lobbyist and provides forthe registration of lobbyist;and
39
40 WHEREAS,the current City lobbying ordinance is confusing and difficult formost
41 people to interpret and understand as well asnot being synchronized with theCounty's lobbying
42 ordinance;and
43
44WHEREAS,itisinthebest interest ofthe City,its personnel,aswellasthatofits
45 residential and business community for there tobe only one ordinance that provides the
46 definitions of words used bytheCity'sandtheCounty's lobbying ordinance andforthe
47exemptionstoregistrationand/orpayment of lobbyistfees.
Page 1 of7
1
2 NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
3 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
4
5 Section 1.Section 8A-5 (a),(b),(c)and (e)of Chapter 8Aofthe City of South Miami's
6Code of Ordinancesisherebyamendedtoreadasfollows:
7
8 Sec.8A-5.-Lobbyists;registration,reporting,fees,exemptions,expenditures,and
9 penalties.
10 (a)This section shall be known as the City of South Miami Lobbyist Registration
11 Ordinance.
12(b)Definitions.Forthe purposes ofthis section,the following termsshallhavethe
13 definitions contained herein:
14 (1)Lobbyist TheCityhereby adopts,by reference,the definition of a lobbyist as
15 found inthe Miami-Dade County lobbying ordinance.Section 2-ll.l(sYl¥b).
16 of the Miami-Dade County Code of Ordinances andthe interpretations of this
17 Ordinanceasappliedinpractice by Miami-DadeCountyandtheMiamiDade
18 Commission on Ethics,and means—ati—natural persons,—unincorporated
19 associations,or business entities,firms,corporations,principals employed or
20 retained,—fef—financial—compensation,—which—includes—non monetary
21 compensation of similar value,bya principal who seeks to encourage the
22 passage,defeat,or modification ofanyofthe following:
23 €h—Ordinance,resolution,action,or decision ofthecity commission,the
24 mayor,oranycommissioner;
25 bi—Action,decision,or recommendation ofanycity board,committee,or
26 agency,including without limitation,the governing and advisory boards of
27 the city community redevelopment agency and the health facility authority;
28 of-
29 e^—Action,decision or recommendation ofthecity manager,deputy,assistant,
30 or assistant to the city manager,department heads,division heads,city
31 attorney,assistant city attorney (except when such personnel are acting in
32 connection with quasi judicial or administrative hearings)during the time
33 period of theentiredecisionmakingprocessonanaction,decisionor
34 recommendation which foroseeably will be heard or reviewed bythe city
35 commission,oracity board,committee,or agency.
36 "Lobbyists"specifically includes the principal,as well as any agent,attorney,
37 officeror employee ofa principal,regardless ofwhether lobbying activities fall
38 within the normal scope of employment ofthe agent,attorney,officer or
39 employee."Lobbyist"shall exclude any person who only appears asa
40 representativeofthoseidentifiedinsubsection(e).
41 (2)Principal means the natural person,firm,corporation company or other entity
42 that has employed or retained a lobbyist,including the person employed by the
Page 2 of7
1
2 their behalf
company or other entity,thathasthe authority to retain or direct a lobbyist on
3 (3)Consultant moans an individual,corporation,partnership or business entity that
4 has been retained,for financial compensation,which includes non monetary
5 compensation of similar value,to assist or provide any professional services to
6 an entity in seeking approval ofan item from the city commission or staff,orto
7 obtainacontractwiththecity
8 (3)All lobbyists shallcomplywiththisordinanceandthe Miami-Dade County
9 LobbyingOrdinanceand they areamendedfromtimetotime.All references to
10 the"County"intheCounty'sLobbyingOrdinanceshallmeanthe City,where
11 applicable,forthepurpose of thisordinanceandfortheinterpretationand
12 application of the County's Lobbying Ordinance to the Citv.
13 (c)(1)Registration andfiling requirements.All lobbyists shall,atleastonor before
14 3:00 p.m.on the day before engaging in any lobbying activities,register with the city
15 clerk,unlessexemptedfromregistering bv Section 2-11.Us)(3)of theMiami-Dade
16 I County Code-and pay a lobbyist fee,if required.Every person required to rogintor
17 shall register on forms prepared by the city clerk,pay a registration fee as specified
18 inthefeescheduleandstateunderoath:A lobbyist whohasengagedinlobbying
19 activities before timely registering asa lobbyist shall paya fine of $500.It shall be
20 theresponsibility of theCityClerktocollectallfinesandfees.A lobbyist who.
21 withoutcompensationforperformingtheservices of a lobbyist,isrepresentingan
22 individual for non-commercial purposes (hereinafterreferredtoasa "limited
23 lobbyist")shall include such information inthe lobbyist registration form which
24 shallbe signed under oath certifying the truth of the information.No registration fee
25 shallbe required fora limited lobbyist.In addition,any lobbyist who would not be
26 required by Miami-Dade County topayalobbyist registration fee if engaged in
27 lobbying activities with the County shallnotbe required topaya lobbyist
28 registration fee when engaged in lobbying activities with the Citv.
29 i.Registration Publication.All lobbyist registration forms shall be received and
30 date stamped bvtheCityClerk.The Clerk's Office shall maintain alist of all
31 registration and of the payment of the registration fee.The Clerk shall publish
32 onthe City website a registration list of principals,issues and lobbyists which
33 shall be updated atthe end of each day,tothe extent possible,thata completed
34 or amended registration form is received.
35 ih Everypersonrequiredtoregistershall register onformspreparedbvthecitv
36 clerk and,otherthanthose lobbyists whoareexempt from paving a fee,shall
37 paya registration feeas specified inthis ordinance orthe City's fee schedule.
38 whichever is greater.Theformsshall include the following information,which
39 shall be certified and state under oath bythe lobbyist andthe principal whom
40 the lobbyist represents,such asits president,partner or managing member:
41 a.Nameandbusinessaddressof lobbyist;
42 b.Nameandbusinessaddress of theprincipaland;
43 c.The name and business address of each person,consultant,or entity,within the
44 preceding five (5)years,for whom the lobbyist wfas employed asa lobbyist;
Page 3 of7
1 d.The commissioner or personnel soughtto Whether Commissioners.Citv
2 Administration.Citv Attorney or Citv Clerk will be lobbied;and
3 e.The specific issue on which the lobbyist has been employed to lobby;
4 (iiOThe principalandthelobbyistmustalsosubmitajointaffidavitstatingthatthe
5 principalhasnotofferedandthelobbyisthasnotagreedto accept anv
6 contingency or success feesas defined inSection 2-11.1 (sY7)ofthe Miami-Dade
7 County Code of Ordinances.Failure ofa principal to file the required forms mav
8 be considered intheevaluationofabidorproposalasevidencethataproposeror
9 bidderisnotaresponsible contractor.
10 (2)Change or modification of information.Any change to any information originally
11 filed,or any additional city commissioner or personnel who are also sought to be
12 lobbied shall require the lobbyist to file an amendment to the registration forms,
13 |although no additional fee shall be required for such amendment._The lobbyist has a
14 continuing duty to supply information and amend the forms filed throughout the
15 periodforwhichthe lobbying occurs.
16"(3)Disclosure.Ifthe lobbyist represents a legal entity such asa corporation,company.
17 I partnership or trust,the chief officer,partner or beneficiary shall also be identified.
18 Without limiting the foregoing,the lobbyist shall also identify all persons holding
19 directly or indirectly,a five ton (10 5)percent or more ownership interest in the legal
20 entity_corporation,partnership or trust.Any consultant shall identify itself and the
21 capacityinwhich s/he hasbeenretained.
22 (4)Separate registration Fee requirements for issues.Separate registration an additional
23 $100 feeshallberequiredforeachadditionalspecificissuebeinglobbiedfora
24 Pprincipal represented oneach specific issue.A separate feeshallbe required for
25 eachseparateissueforthesame Principal foreachcalendar feeal year,whichis
26 fromOctober1throughSeptember30 (hereinafter referredtoas "Fiscal Yoar'^.The
27 issue shall bo described with as much detail asis practical,including but not limited
28 to a specific description whore applicable ofa pending request for a proposal,
29 invitation tobid,orpublic hearing item.Thecity clerk,intheclerk's judgment.
30 shall reject any registration statement that does not provide a description of the
31 specific issueon which the lobbyist hasbeen employed.
32(5)Each person who withdraws asa lobbyist fora particular client shall file an
33 appropriate notice of withdrawal.Each principal shallfileaformwiththeClerkat
34 the point in time at which a lobbyist isno longer authorized to represent the
35 principal.
36(6)Fees.Each lobbyist whois required toshallpaya registration fee,shallpaysuchfee
37 asspecifiedinthecity'sstandardschedule of foos eachtimeheorshe registers orre-
38 registers each calendar yearthe time of registering withthecity clerk?A lobbyist
39 must re-register every calendar Fiscalyear before commencing any lobbying
40 |activities which is from October 1 through September 10.JThere shall be no fee
41 required for filing a notice of withdrawal.?and-tThe city manager clerk shall waive
42 the registration fee upon a finding of financial hardship if supported bv .based upon
43 I a sworn statement ofthe applicant._Prior to conducting any lobbying on a matter,all
44 lobbyists must file a form with the city clerk,signed by the principal or the
Page 4 of7
1 principal's representative,stating that tho lobbyist is authorized to represent the
2 principal.Any person who only appears as a representative ofa nonprofit
3 corporation or entity (such asa charitable organization,neighborhood^or
4 homeowner association,local chamber of commerce,and merchant's association,
5 tradeassociationortradeunion),wkhetrt whodeclaredintheirlobbyist registration
6 applicationthattheywouldnotreceiveandhavenotreceivedany seeeial
7 compensation or reimbursement for the appearance,whether direct,indirect,or
8 contingent,to express support or opposition toany item,must register but shall not
9 be required to pay a registration fee register with tho city clerk as required by this
10 subsection.
11 I (7)Disclosure and appearance of impropriety._In addition to the matters addressed
12 above,every registrant shall be required to state the extent of any business,financial,
13 familial,or—professional relationship,or other relationship giving rise toan
14 appearance ofan impropriety,with the mayor,any city commissioner,or personnel
15 whoissoughttobe lobbied as identified onthelobbyist registration form filed.
16 I (8)Duty of tho city commission,boards,committees,agencies,and employees._AU
17 members of tho city commission and all city personnel,including all board,
18 I committee^and agency members,shall be diligent to ascertain whether persons
19 required to register pursuant to this section have complied withthe requirements of
20 |this division._Tho mayor,commissioners,board,committee and agency members,
21 and city personnel may not knowingly permit themselves to bo lobbied bya person
22 |who is not registered pursuant to this section.All members of the City Commission.
23 andall City personnel,shallbe diligent to ascertain whether persons required to
24 register pursuant tothis subsection have been complied.Commissioners orCitv
25 personnelmaynotknowinglypermitapersonwhoisnotregisteredpursuanttothis
26 subsection to lobby the Commissioner,or the relevant committee,board or Citv
27 personnel.
28 (9)Lobbyists,including all consultants,shall sign in with tho city clork before mooting
29 withanycity officials.All covered cityofficials,personnel,andmembersshall
30 maintain logsofall telephone and electronic communications with lobbyists.-
31(9)Anypersonwhoappearsasarepresentativeforanindividualorfirmforanoral
32 presentation before a Citv certification,evaluation,selection,technical review or
33 similar committee,shall list on an affidavit provided bv the City staff,all individuals
34 whomaymakea presentation.The affidavit shallbefiledbv staff withtheClerk's
35 officeatthetimethe committee's proposalis submitted totheCitvManager.For
36 the purpose of this subsection only,thelisted members of the presentation team.
37 withtheexception of anypersonotherwiserequiredtoregisterasa lobbyist,shall
38 notbe required topayany registration fees.Nopersonshallappearbeforeany
39 committee on behalf of an anyone unless he or she has been listed as part of the
40 firm's presentation team pursuant tothis paragraph or unless heorsheis registered
41 withtheClerk'sofficeasalobbyistandhaspaidallapplicablelobbyistregistration
42 fees.
43 ***
44(e)Exceptions to registration.Allpersonswhoareexemptedfromregistrationorfrom
45 paying a registration feebv the Miami-Dade County's Lobbying Ordinance are
Page 5 of7
1 likewise exempted bvtheCitvfrom registration and/orfromthepayment of
2 registration fees.The following persons will he flxnmpt from thp pmvinm^r nf thig
3 section:
4 (1)Any person who only appears in his or hor individual capacity ata public
5 hearing before the city commission,board,committee,agency meeting,and has
6 no other communication with the city personnel,for tho purpose of self
7 representation without compensation or reimbursement,whether direct,indirect,
8 or contingent,to express support ofor opposition to any item,shall not bo
9 required to register asa lobbyist,including butnot limited to those who are
members of homeowners or neighborhood associations.All speakers shall,
11 however,sign in on forms available at tho public hearing or mooting.
12 Additionally,any person or representative ofa business entity requested to
13 appear before any city commission,or board,committee,or agency mooting,or
14 any person or representative compelled to answer for or appealing a code
15 violation,or any administrative hearing shall notbe required to register,nor
16 shall any agent,attorney,officer or employee of tho person.
17 (2)Any public officer,employee or appointee or any person or entity in contractual
18 privity with the city who only appears inhisor hor official capacity shall not bo
19 requiredtoregisterasalobbyist.
20 (3)Any person appearing asan export witness called in proceedings before tho
21 commission,any board ora committee or tho administration ofthe city who
22 presents testimony in support ofa position or explaining such position.
23(f)Penalties.
24 (1)Violations of this section may be determined bythe Miami-Dade County
25 Commission onethicsandpublictrust.Afindingbythecommissionthata
26 personhasviolatedthischaptershallsubjectthepersontoafivehundreddollars
27 ($500.00)civil penalty.The commission onethicsmay additionally provide
28 other penalties suchas admonition andpublic reprimand,aswellas prohibitions
29 from registering asa lobbyist or engaging in lobbying activities before the city.
30 Conviction for given false information shall be punishable bya fine of up to
31 $500.imprisonmentforupto60daysandorsuspensionfromlobbying
32 privilegesinSouthMiamiforaperiod of uptotwoyears.
33 (2)Additionally,everypersonwhoisfoundtobeinviolation of thischaptershallbe
34 prohibitedfromregisteringasalobbyistorlobbyinginaccordancewiththe
35 following schedule:
36 I •First violation;for a period of one (1)year from the date of determination of
37 violation;
38 I •Second violation;for a period of two (2)years from the date of determination
39 of violation;
40 I •Third violation;for a period of three (3)years from the date of determination
41 of violation.
42 Thecity commission maydebarabidderorproposerfromlobbyingactivitiesinthe
43 city,and from entering into contracts withthecity,oranyagencyor authority ofthe
Page 6 of 7
10
1 citywhenthe bidder or proposer either directly or indirectly,onthreeor more
2 occasions,hasbeen found to have violated the lobbyist provisions ofthis section.
3 As used herein,a "direct violation"shall mean a violation committed bythe bidder
4 or proposer and an "indirect violation"shall mean a violation committed by a
5 lobbyist representing saidbidderor proposer.Acontractenteredintoin violation of
6 this section shall render the contract voidable.Thecity manager shall include the
7 provisions ofthis section inallcitybid documents,RFPs and RFQs;provided,
8 however,that failure todososhallnotrenderanycontractvoidable.
9 ***
10 Section 2.Codification.Theprovisions of thisordinanceshallbecomeandbemade
11 part of theCode of Ordinances of theCity of SouthMiamiasamended;thatthesections of this
12 ordinance maybe renumbered or re-lettered to accomplish such intention;andthattheword
13 "ordinance"maybechangedto "section"orotherappropriateword.
14
15 Section3.Severability.Ifanysection,clause,sentence,orphrase of thisordinanceis
16 forany reason held invalid or unconstitutional bya court of competent jurisdiction,this holding
17 shallnotaffectthevalidity of theremainingportions of thisordinance.
18
19 Section4.OrdinancesinConflict.All ordinances orparts of ordinancesandall
20 sections andpartsof sections of ordinances in direct conflict herewith are hereby repealed.
21 However,itisnottheintentofthis section to repeal entire ordinances,orpartsof ordinances,
22thatgivetheappearance of beinginconflictwhenthetwo ordinances canbe harmonized or
23whenonlyaportion of theordinanceinconflictneedstoberepealedtoharmonizethe
24 ordinances.Ifthe ordinance in conflict canbe harmonized by amending its terms,itis hereby
25 amended to harmonize thetwo ordinances.Therefore,onlythatportionthatneedstobe repealed
26toharmonizethetwoordinancesshallberepealed.
27
28Section5.EffectiveDate.Thisordinanceshallbecomeeffectiveuponenactment.
29
30PASSEDANDENACTEDthisday of ,2014.
31
32 ATTEST:APPROVED:
33
34
35 CITY CLERK MAYOR
361st Reading
372nd Reading
38
39 READ AND APPROVED AS TO FORM:COMMISSION VOTE:
40 LANGUAGE,LEGALITY AND Mayor Stoddard:
41 EXECUTION THEREOF ViceMayorHarris:
42 Commissioner Edmond:
43 Commissioner Liebman:
44 Commissioner Welsh:
45 CITY ATTORNEY
46
Page 7 of7
MDC Ethic's Code 2-11.1
(s)Lobbying.
(1)(a)As usedinthissection,"County personnel"meansthose County officers andemployees
specifiedinSection 2-ll.l(i)(2)of the Miami-DadeCountyConflictof Interest andCodeofEthics
Ordinance.
(b)As usedinthissection,"Lobbyist"means all persons,firms,orcorporationsemployedor
retainedbya principal whoseeksto encourage thepassage,defeat,ormodificationsof(1)ordinance,
resolution,action or decision of the CountyCommission;(2)any action,decision,recommendation of
the County Manager oranyCountyboardor committee;or(3)anyaction,decisionor recommendation
ofCounty personnel during the timeperiodof the entire decision-making process onsuchaction,
decisionorrecommendationwhichforeseeabiy will beheardorreviewedbytheCounty Commission,or
aCountyboardor committee."Lobbyist"specifically includes the principal as well as any employee
whose normal scope of employment includeslobbyingactivities.The term "Lobbyist"specifically
excludesthefollowingpersons:attorneys or other representatives retained or employed solelyfor the
purposeof representing individuals,corporations or other entities duringpubliclynoticed quasi-judicial
proceedings where the lawprohibits ex-parte communications;expert witnesses whoprovideonly
scientific,technicalor other specializedinformationor testimony inpublic meetings;any person who
only appears asa representative of a neighborhood association without compensation or
reimbursement for the appearance,whether direct,indirector contingent,to express support ofor
opposition toanyitem;any person whoonly appears asa representative of a not-for-profit community
based organization for the purpose of requesting a grant without special compensation or
reimbursement for the appearance;and employees of aprincipal whose normal scope of employment
does not include lobbying activities.
(2)All lobbyistsshallregisterwith the Clerk oftheBoardofCountyCommissionerswithinfive(5)
business daysofbeing retained asalobbyistor before engaging inanylobbying activities,whichever
shall come first.Every person required to so register shall:
(a)Register on forms prepared by the Clerk;
(b)State under oath his or her name,business address and the name and business address of each
person or entity which has employed said registrant tolobby.If the lobbyist represents a corporation,
the corporation shallalsobe identified.Without limiting the foregoing,the lobbyistshallalsoidentifyall
persons holding,directly or indirectly,afive(5)percent or more ownership interest in such corporation,
partnership,or trust.Registrationofalllobbyistsshallbe required priorto January 15ofeach year and
each person who withdraws asa lobbyist fora particular client shallfilean appropriate notice of
withdrawal.Thefeefor annual registration shallbefour hundred and ninety dollars ($490.00).Every
registrant shallbe required to state the extent ofany business or professional relationship withany
current person described in subsection (b)(1).The registration fees required by this subsection shallbe
deposited by the Clerkintoa separate account andshallbe expended for the purpose of recording,
transcribing,administration and other costs incurred in maintaining these records foravailabilityto the
public.Notwithstanding the foregoing,fifteen (15)percent of future funds generated by lobbyist
registration fees afterthe effective dateof this ordinance shall be deposited into aseparate account,
and shall be expended by the Ethics Commission forthe purposes of educational outreach,the
rendering of advisory opinions and enforcement ofthe provisions of Section 2-ll.l(s)relating to
lobbyists.There shall be no fee required for filing a notice of withdrawal and the Board of County
Commissioners may,in its discretion,waive the registration fee upon a finding of financial hardship.
(c)Priortoconductingany lobbying,all principals must file aformwiththe Clerk ofthe Board of
County Commissioners,signed by the principal orthe principal's representative,stating thatthe lobbyist
is authorized to represent the principal.The principal andthe lobbyist must also submit ajoint affidavit
stating thatthe principal has not offered and the lobbyist has not agreed to accept any contingency or
success fees as defined in subsection (s)(7).Failure ofa principal to file the required forms may be
consideredintheevaluationofabidorproposalasevidence that aproposerorbidderisnota
responsible contractor.Each principal shall file a form with the Clerk ofthe Board atthepointintimeat
which a lobbyist isnolongerauthorizedtorepresentthe principal.
(d)Each lobbyist shall,within sixty (60)days after registering asa lobbyist,submittothe Clerk of
the Board a certificate of completion ofanethics course offered by the Miami-Dade County Commission
on Ethics and Public Trust ("Ethics Course").Lobbyists whohavecompletedthe initial Ethics Course
mandatedbythe preceding sentenceandhave continuously registeredasa lobbyist thereafter shallbe
required tocompletearefresher Ethics Course everytwoyears.Each lobbyist whohascompleteda
refresher Ethics Course shall submit tothe Clerk ofthe Board a certificate of completion within sixty (60)
daysafter registering asa lobbyist.The Ethics Course shallinclude,butnotbelimitedto,areviewofthe
following topics:the Conflict ofInterestand Code of Ethics Ordinance;theSunshine Law;andthe Public
Records Law.Thefeeforthe Ethics Course shall beonehundreddollars ($100.00).Theregistrationfees
requiredbythissubsectionshallbedepositedintoaseparateaccount,andshallbeexpendedbythe
Ethics Commission for Ethics Courses andrelatedcosts.Therequirementsofthissubsectionrelatingto
the Ethics Course shallnotbe applicable toany municipal lobbyist in Miami-Dade Countyunlesssaid
municipality has adopted anordinanceprovidingforethicstrainingoflobbyists,andhas entered intoan
interlocal agreement withtheCountyauthorizing the EthicsCommissiontoprovide the EthicsCourse
providedforinthissubsection.The Executive Directorofthe Ethics Commission maywaivethe Ethics
Course requirement foraparticularlobbyistwhenheorshe determines that the lobbyisthastakenan
initial or refresher Ethics Courseofferedbyamunicipalitywhichsatisfies the requirements ofthis
subsection.
(3)(a)Any public officer,employeeorappointeewhoonlyappearsinhisorher official
capacityshall not be required to register asalobbyist.
(b)Any personwhoonlyappears inhisorherindividualcapacity forthepurposeof self-
representation without compensation orreimbursement,whether direct,indirectorcontingent,to
expresssupportoforoppositiontoanyitem,shallnotberequiredtoregister asalobbyist.A principal
ofany corporation,partnershiporotherentitywhoappearsasa lobbyist onbehalfof that entity,
without special compensation or reimbursement forthe appearance,whether direct,indirector
contingent,to express supportofor opposition to any item,shall register with the Clerk as required by
thissubsection,but shall not berequired to payanyregistrationfees.
(4)Any person who only appears asa representative ofa not-for-profit corporation or entity (such
asa charitable organization,oratrade association ortrade union),without special compensation or
reimbursement fortheappearance,whether direct,indirect or contingent,toexpresssupportofor
opposition toanyitem,shallregisterwiththe Clerk asrequiredbythissubsection,but,uponrequest,
shall notbe required topayany registration fees.Any principal whoonlyappearsasarepresentativeof
a certified Micro Enterprise,asdefinedin Section 2-8.1.1.1.1 ofthe Code,asarepresentativeofa
certified Level I CommunitySmallBusinessEnterprise,asdefinedinSection10-33.02orasa
representative ofacertifiedTier1 Community Business Enterprise,asdefinedinSection2-10.4.01,
without special compensation or reimbursement for the appearance,whether direct,indirector
contingent,toexpresssupportoforoppositiontoanyitem,shallregisterwiththe Clerk asrequiredby
this subsection,but,upon request,shallnotberequiredtopayany registration fees.
(5)Any personwhoappearsasarepresentativeforan individual orfirm foranoral presentation
beforeacountycertification,evaluation,selection,technicalrevieworsimilar committee,shalllistonan
affidavitprovidedbytheCounty,all individuals whomaymakea presentation.Theaffidavitshallbefiled
bystaffwith the Clerk's officeat the timetheproposalis submitted.For the purpose ofthis subsection
only,thelistedmembersofthe presentation team shallnotberequiredtopay anyregistrationfees.
No person shall appear before any committee on behalf ofan individual or firm unless he or she has
beenlisted aspart of the firm's presentation team pursuant tothis paragraph orunlessheorsheis
registered with the Clerk'sofficeandhaspaidall applicable fees.
(6)(a)On July 1ofeachyear,the lobbyist shall submittothe Clerk ofthe Board of County
Commissionersasigned statement under oath,asprovided herein,listingalllobbying expenditures in
excessoftwenty-fivedollars($25.00)for the preceding calendar year.A statement shallnotbefiledif
there have been no expenditures during the reporting period.The statement shalllistin detail each
expenditure by category,includingfoodand beverage,entertainment,research,communication,media
advertising,publications,travel,lodgingand special events.
(b)The Clerk ofthe Board ofCounty Commissioners shallnotifyanylobbyistwho fails totimely file
an expenditure report.In addition toany other penalties whichmaybe imposed as provided in
subsection (s)(9),afineoffiftydollars($50.00)perdayshallbe assessed for reports filed after the due
date.Whereafineoffiftydollars($50.00)perdayisassessed,the EthicsCommissionshallnotimposea
fineasprovidedin subsection (z).Anylobbyistwhofailstofile the required expenditure report by
September 1shallbe automatically suspended fromlobbyinguntilallfines are paidunless the finehas
been appealed to the Ethics Commission.
(c)TheClerkof the BoardofCountyCommissionersshallnotify the CommissiononEthicsand
PublicTrustof the failureofalobbyistorprincipaltofilea report and/or pay the assessed fines after
notification.
(d)A lobbyist or principal may appeala fine and may requesta hearing beforethe Commission on
EthicsandPublicTrust.A request forahearingon the fine must befiledwith the CommissiononEthics
and Public Trustwithinfifteen(15)calendardaysofreceiptofthenotificationofthefailuretofilethe
required disclosure form.The Commission on Ethics and Public Trust shall havetheauthorityto waive
the fine,inwholeorpart,based ongood cause shown.TheCommissiononEthicsandPublicTrustshall
have the authority toadopt rules of procedure regarding appeals from the Clerk ofthe Board of County
Commissioners.
(7)No person may,in whole or in part,pay,give or agree to pay or give a contingency feeto
another person.No person may,in whole orinpart,receive oragreeto receive a contingency fee.As
usedherein,"contingency fee"meansafee,bonus,commission,ornonmonetarybenefitas
compensation whichis dependent onorinanyway contingent on the passage,defeat,ormodification
of:(1)an ordinance,resolution,actionor decision ofthe County Commission;(2)anyaction,decision or
recommendationoftheCountyManageroranyCountyboardorcommittee;or(3)anyaction,decision
orrecommendationofCountypersonnelduringthetimeperiodofthe entire decision-makingprocess
regarding suchaction,decision or recommendation which foreseeabiy will beheardorreviewedbythe
County Commission,or a County board or committee.
(8)The Clerk shall publish logs ona quarterly andan annual basis reflecting the lobbyist
registrationswhichhavebeenfiledinaccordancewiththissubsection(s).All logsrequiredbythis
ordinanceshallbe prepared ina manner substantiallysimilarto the logs prepared for the Florida
Legislature pursuant to Section 11.045,Florida Statutes.
(9)The Ethics Commission shall investigate anypersonengagedin lobbying activities whomaybein
violation of this subsection (s).In the event that a violation is found to have been committed the Ethics
Commissionmay,inadditiontothe penalties set forthin subsection (z),prohibitsuchpersonfrom
lobbying beforetheCounty Commission oranycommittee,boardorpersonnelof the Countyas
provided herein.
Every lobbyistwhoisfoundtobeinviolationofthissectionshallbe prohibited fromregisteringasa
lobbyistorlobbyingin accordance with the following schedule:
1st violation fora period of 90 days from the date of determination of violation;
2nd violation fora period of one (1)year from the date of determination of violation;
3rd violation fora period of five(5)years from the date of determination of violation;
A bidder or proposer shallbe subject to the debarment provisions of Section 10-38 of the Codeof
Miami-DadeCountyasif the bidder or proposer were a contractor where the bidder or proposer has
violatedthis section,either directlyorindirectlyorany combination thereof,on three (3)or more
occasions.Asused herein,a "direct violation"shallmeanaviolation committed by the bidder or
proposer andan"indirectviolation"shallmeanaviolation committed byalobbyist representing said
bidder or proposer.A contract entered into in violation of this section shall also render the contract
voidable.The County Manager shall include the provisions ofthis subsection in all County bid
documents,RFP,RFQ,CBO and CDBG applications;provided,however,the failure todoso shall not
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 have been complied.Commissioners or
County personnel maynot knowingly permita person whoisnot registered pursuant tothis subsection
to lobby the Commissioner,orthe relevant committee,board or County personnel.
(11)Except asotherwise provided in subsection (s)(9),the validity ofany action or determination of
the Board of County Commissioners or County personnel,board orcommittee shall notbe affected by
the failure ofany person tocomplywiththe provisions ofthissubsection (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,andpenalties.
(a)Thissectionshallbe known as the City ofSouth Miami Lobbyist Registration Ordinance.
(b)Definitions.Forthe purposes ofthissection,the following termsshallhavethedefinitionscontained
herein:
(1)Lobbyist means allnaturalpersons,unincorporatedassociations,or business entities,firms,
corporations,principalsemployedorretained,for financial compensation,whichincludesnon
monetarycompensationof similar value,bya principal who seeks toencouragethe passage,
defeat,ormodificationofanyofthe following:
a.Ordinance,resolution,action,or decision ofthe city commission,the mayor,orany
commissioner;
b.Action,decision,or recommendation ofany city board,committee,oragency,including
without limitation,the governing and advisory boardsofthe city community redevelopment
agency and the health facilityauthority;or
c.Action,decisionor recommendation ofthecity manager,deputy,assistant,or assistant to
the city manager,departmentheads,division heads,city attorney,assistant city attorney
(exceptwhensuchpersonnelareactinginconnection with quasi-judicialoradministrative
hearings)duringthetimeperiodoftheentire decision-making process onanaction,
decisionor recommendation which foreseeabiy will beheardor reviewed bythe city
commission,oracityboard,committee,or agency.
"Lobbyists"specificallyincludesthe principal,as well as anyagent,attorney,officeror
employeeofa principal,regardless ofwhether lobbying activities fall within thenormal scope of
employmentoftheagent,attorney,officer oremployee."Lobbyist"shallexcludeanyperson
whoonly appears as a representative of those identifiedin subsection (e).
(2)Principal means thenaturalperson,firm,corporationorotherentitythathasemployedor
retained a lobbyist.
(3)Consultant means an individual,corporation,partnershipor business entitythathasbee
retained,forfinancial compensation,which includes non-monetary compensation ofsimilar
value,to assist orprovideany professional services toanentityin seeking approval ofanitem
fromthecity commission orstaff,ortoobtaina contract withthecity.
(c)(1)Registration and filing requirements.All lobbyistsshall,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 ofprincipal;
c.Thenameand business address ofeachperson,consultant,orentity,within thepreceding
five(5)years,forwhomthelobbyist was employed as alobbyist;
d.The commissioner or personnel sought tobelobbied;and
e.Thespecific issue onwhichthelobbyisthasbeenemployedto lobby;
(2)Changeor modification of information.Any change toany information originally filed,orany
additionalcity commissioner orpersonnelwhoarealso sought tobelobbiedshallrequirethe
lobbyistto file an amendment totheregistrationforms,althoughnoadditionalfeeshallbe
requiredforsuch amendment.Thelobbyisthasacontinuingdutytosupply information and
amend theformsfiled throughout theperiodforwhichthelobbying occurs.
(3)Disclosure.Ifthelobbyist represents acorporation,partnershiportrust,thechief officer,partner
orbeneficiaryshallalsobe identified.Without limiting the foregoing,thelobbyistshallalso
Page 1
identify all persons holding directly or indirectly,aten (10)percentor 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 detail as is
practical,including butnot 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 statement that does notprovideadescriptionofthespecific issue onwhichthe
lobbyist has been employed.
(5)Eachpersonwho withdraws asa lobbyist fora particular clientshall file anappropriatenoticeof
withdrawal.
(6)Fees.Each lobbyist shallpaya registration fee,asspecifiedinthecity'sstandardscheduleof
feesatthetimeof registering with the city clerk,everyyear from October1 through September
30.Thereshallbenofee required for filing anoticeof withdrawal,andthe city managershall
waivetheregistrationfeeupona finding of financial hardship,based uponasworn statement of
theapplicant.Priortoconductingany lobbying onamatter,alllobbyistsmust file aform with the
city clerk,signedbythe principal orthe principal's representative,statingthatthe lobbyist is
authorizedto represent the principal.Any personwhoonly appears as a representative ofa
nonprofit corporationorentity(such as acharitableorganization,neighborhoodorhomeowner
association,local chamber of commerce and merchant's association,trade association or trade
union),withoutspecialcompensationorreimbursementforthe appearance,whetherdirect,
indirect,or contingent,toexpresssupportor opposition toanyitem,shallnotberequiredto
register with the city clerk as required bythis subsection.
(7)Disclosure andappearanceof impropriety.Inadditiontothematters addressed above,every
registrantshallberequiredto state the extent ofany business,financial,familial orprofessional
relationship,orotherrelationship giving risetoan appearance ofan impropriety,with themayor,
any citycommissioner,orpersonnelwhoissoughttobelobbied as identified onthelobbyist
registration formfiled.
(8)Dutyofthecitycommission,boards,committees,agencies,and employees.All members ofthe
citycommissionandallcitypersonnel,including allboard,committee and agency members,
shallbediligentto ascertain whether persons required to register pursuant tothis section have
complied with the requirements ofthisdivision.The mayor,commissioners,board,committee
and agency members,and city personnel maynotknowingly permit themselves tobelobbied
bya person who is not registered pursuant tothis section.
(9)Lobbyists,including all consultants,shallsignin with thecity clerk beforemeeting with anycity
officials.All coveredcity officials,personnel,and members shallmaintainlogsofall telephone
and electronic communications with lobbyists.
(d)List of expenditures.
(1)On October 1of each year,lobbyistsshallsubmittothecityclerka signed statement under
oath,as providedbytheclerk,listing all lobbying expenditures forthepreceding calendar year.
A statement shallnotbe filed iftherehavebeenno expenditures duringthereportingperiod.
The statement shalllistindetaileachexpenditurebycategory,including foodandbeverage,
entertainment,research,communication,mediaadvertising,publications,travel,lodging and
special events andshall identify thecity officials,personnel,and members uponwhomthe
expenditures were made.
(2)Thecityclerkshall notify anylobbyistwhofailstotimelyfilean expenditure report.Inadditionto
anyotherpenaltieswhichmaybeimposedunderthischapter,afineof fifty dollars($50.00)per
day shall be assessed for reports filed after the October 1 due date.
(3)Thecityclerkshallnotifythecounty commission on ethics and publictrustofthefailureofa
lobbyist tofilea report and/or pay the assessed fines after notification.
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(4)A lobbyist may appeal a fine and may request a hearing before the county commission on
ethics and public trust.A request for a hearing on the fine must be filed with the county
commission on ethics and public trust within fifteen (15)calendars daysof receipt ofthe
notification ofthe failure to file the required disclosure form.The county commission onethics
and public trust shall have the authority to waive the fine,in whole or in part,based on good
cause shown.
(e)Exceptions to registration.The following persons will be exempt from the provisions of this section:
(1)Any person who only appears in his or her individual capacity ata public hearing before the city
commission,board,committee,agency meeting,and has no other communication with the city
personnel,forthepurposeof self-representation without compensationor reimbursement,
whether direct,indirect,or contingent,toexpress support ofor opposition toany item,shall not
berequiredtoregister as a lobbyist,including butnot limited to those who are members of
homeowners or neighborhood associations.All speakers shall,however,sign-in on forms
available atthe public hearing or meeting.Additionally,anypersonor representative ofa
business entity requested toappear before any city commission,or board,committee,or
agency meeting,or any personor representative compelled toanswer for or appealing acode
violation,orany administrative hearing shall not be required to register,nor shall any agent,
attorney,officeror employee ofthe person.
(2)Any public officer,employee or appointee orany person or entity in contractual privity with the
city who only appears in his orher official capacity shall notbe required to register asa lobbyist.
(3)Any person appearing asan expert witness called in proceedings before the commission,any
board ora committee orthe administration ofthe city who presents testimony in supportofa
positionor explaining such position.
(f)Penalties.
(1)Violations ofthissectionmaybedeterminedbythe Miami-Dade County Commission onethics
and public trust.A finding bythe commission thatapersonhas violated thischaptershall
subject thepersontoafivehundreddollars($500.00)civil penalty.Thecommissiononethics
may additionally provideotherpenaltiessuch as admonitionandpublicreprimand,as well as
prohibitions from registering asa lobbyist or engaging in lobbying activities beforethe city.
(2)Additionall,everypersonwhois found tobein violation ofthischaptershallbe prohibited from
registering as alobbyistor lobbying in accordance with the following schedule:
•Firstviolationforaperiodofone(1)yearfromthe date of determination of violation;
•Second violationforaperiodoftwo(2)years fromthe date of determination ofviolation;
•Thirdviolationforaperiodof three (3)years fromthe date of determination ofviolation.
The city commission maydebara bidder orproposer from lobbying activities in the city,and from
entering into contracts with the city,oranyagencyor authority ofthe city whenthebidderorproposer
either directly or indirectly,onthreeor more occasions,hasbeen found tohave violated the lobbyist
provisions of this section.
Asused herein,a "direct violation"shallmeana violation committed bythebidderorproposerand
an "indirect violation"shallmeana violation committed bya lobbyist representing saidbidderor proposer.
A contract entered into in violation ofthis section shall renderthe contract voidable.The city manager
shallincludetheprovisionsofthissection in allcitybiddocuments,RFPsandRFQs;provided,however,
thatfailuretodo so shallnot render any contract voidable.
(3)Exceptasotherwise provided insubsection (f)(1),the validity ofanyactionor determination of
the city commission,board,committee,oragencyshallnotbeaffectedbythe failure ofany
person to comply with the provisions of this 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 ofthe city.Any person
whois required toregisterasa lobbyist subsequent tobeingappointedtoaboardorcommittee shall
be disqualified from participating onthe board or committee from thedatethatthe 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 thetimethe person files a
statement with the city clerk withdrawing hisorher registration asa lobbyist.The penalty provisions
ofsubsection (f)shall applytoany lobbyist whoviolatesthis 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§9ofOrd.No.1251,adopted June 3,1986,specified inclusioninch.2,the editor has
includedtheprovisionsin§8A-5since§7oftheordinance repealed Ord.No.1233,
adopted June 14,1985,§§1,2 ofwhichhad been includedas§8A-5
Page 4