5MEMORANDUM
TO: Mayor, Vice Mayor, City Commissioners and City Manager
FROM: Thomas F. Pepe, City Attorney
DATE: November 20,2014 5
RE: Amendment to Lobbying Ordinance
While I initially intended to only amend the definitions, exemptions and exceptions found in the
City's lobbying ordinance by adopting those found in the County's ordinance, I discovered that
the County's ordinance did not define the word "Principal" and-there didn't appear to be a
provision to take into consideration situations where a relative or friend of an individual appears
as a 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
proposed is an amalgam of ideas and suggestions of all three 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 and an opinion that I 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, is a lobbyist, with minor
exceptions or exemptions from registration or payment of fees. This definition of a lobbyist
includes a relative of an individual, each and every "principal" of any entity. While the County
ordinance does not define the word "Principal" of an entity, the Commission on Ethics has
published some examples found at the end of this memorandum. Even the pastor of a church, a
rabbi or an Islamic clergyman is a lobbyist if he/she is representing his/her church, or someone
other than himself/herself, and ifhe/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 of a principal are not considered by the County's ordinance to be
lobbyists. See Sec.l1.1(s) (l)(b):
a) Representatives who appear at a publically noticed Quasi-judicial proceeding;
b) Representatives, without compensation, representing a "neighborhood association";
c) Expert witnesses at a public meeting;
d) Community based not-for-profit that is seeking a grant and who is not receiving
special compensation; and
e) Employees whose normal scope of employment is not lobbying.
The following representatives of a principal [see sec. 2-11.1(s)(3)] are considered by the
unty's drdinance to be lobbyists but they are exempt from registering:
~,
a) ~~ic Officers & Employees representing a public entity Sec. 2-11.1(s)(3)(a);
b) ~adividual's own Self Representation without compensation Sec.ll.l(s) (3) (b);
The following representatives of a principal are considered to be lobbyists by the County's
ordinance (Sec.I1.I(s) (I)(b) and must register, but if they do so without special compensation
they are exempt from paying a fee:
a) The Principal of the entity Sec. I I. I (s) (3)(b);
b) Representatives of Not-for-Profit entities Sec.I1.I(s) (4);
c) Certified Micro Enterprise Sec.I1.I(s) (4);
d) Level I Community Small Business Enterprise Sec. II. I (s) (4); and
e) Tier 1 Community Business Enterprise Sec.I1.l(s) (4);
The following representatives are considered by the County's ordinance to be lobbyists but need
not register as a lobbyist if they are making a presentation to County or City Staff and if they are
listed in an affidavit filed with County or City Staff:
Members of an oral presentation team appearing before an evaluation, selection,
technical review, certification committee or similar committee.
Note that the COE does not have a definition for "special compensation" and the attorney I
spoke to is requesting a COE special opinion defining this phrase.
Miami-Dade County Commission on Ethics and Public Trust
"Lobbying in Miami-Dade County FAQs" includes the following examples of who is considered by the
COE to be the "Principal" of an entity:
Who is a considered a Principal?
• The President of a corporation.
• The owner, president or chief shareholder of a corporation or an individual who
has been designated or who has the apparent authority to make final decisions on
behalf of the corporate entity who is engaged in lobbying activities as defined
above.
• A member ofthe 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 of an entity, such as a chief financial officer, is not a principal if
hislher normal scope of employment does not include lobbying activities.
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ORDINANCE NO. _____ _
An Ordinance amending Sec. 8A-5 (a), (b), (c), (e) and (1) of Chapter 8A of
the City of South Miami's Code of Ordinances as to 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, the City, its boards, committees, and agencies, including the Community
Redevelopment Agency ("SMCRA") and lobbyists in the City are required to comply with the
Miami-Dade County lobbying ordinance; and
WHEREAS, the City's current definition of a lobbyist is less inclusive than the County's
lobbying ordinance and therefore, to the extent that it is less inclusive, it is not enforceable; and
WHEREAS, according to the City's current definition of a lobbyist, the individual
officers and the employees of a closely held corporation or 0ther business entity with only a few
stockholders or members is required not only to register as a lobbyist but to also pay a lobbyist
fee when attempting to influence the City Commission, the City Manager or other City
personnel; and
WHEREAS, according to the City's current definition of a lobbyist: "Any person who,
during the time period of the entire decision-making process on an action, decision or
recommendation which foreseeably will be heard or reviewed by the city commission, or a city
board, committee, or agency, advocated in favor of or opposes any action, decision,
recommendation of the deputy, assistant, or assistant to the city manager, department heads,
division heads, city attorney, assistant city attorney (except when such personnel are acting in
connection with quasi-judicial or administrative hearings) and any other City personnel" has
been interpreted to include shop mangers; and
WHEREAS, according to the City's current definition of a lobbyist, the individual
officers and the employees of a closely held corporation or other business entity with only a few
stockholders or members is required not only to register as a lobbyist but to also pay a lobbyist
fee when attempting to influence the City Commission, the City Manager or other City
personnel; and
WHEREAS, Miami-Dade County's lobbying ordinance applies to the City and City
lobbyist and it defines the term lobbyist and provides for the registration of lobbyist; and
WHEREAS, the current City lobbying ordinance is confusing and difficult for most
people to interpret and understand as well as not being synchronized with the County's lobbying
ordinance; and
WHEREAS, it is in the best interest of the City, its personnel, as well as that of its
residential and business community for there to be only one ordinance that provides the
definitions of words used by the City's and the County's lobbying ordinance and for the
exemptions to registration and/or payment oflobbyist fees.
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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 8A of the City of South Miami's
6 Code of Ordinances is hereby amended to read as follows:
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. For the purposes of this section, the following terms shall have the
13 definitions contained herein:
14 (1) Lobbyist The City hereby adopts, by reference, the definition of a lobbyist as
15 found in the Miami-Dade County lobbying ordinance, Section 2-11.1(s)(1)(b),
16 of the Miami-Dade County Code of Ordinances and the interpretations of this
17 Ordinance as applied in practice by Miami-Dade County and the Miami Dade
18 Commission on Ethics. and means all natural persons, unincorporated
19 associations, or business entities, firms, corporations, principals employed or
20 retained, for financial compensation, which includes non monetary
21 compensation of similar 'falue, by a principal who seeks to encourage the
22 passage, defeat, or modification of any of the follO'vving:
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a. Ordinance, resolution, action, or decision of the city commission, the
mayor, or any commISSiOner;
b. Action, decision, or recommendation of any city board, cOHHHittee, or
agency, including v/ithout limitation, the governing and advisory boards of
the city community redevelopment agency and the health facility authority;
ef-
c. Action, decision or recommendation of the city manager, deputy, assistant,
or assistant to the city manager, department heads, division heads, city
attorney, assistant city attorney (e~(cept vlhen such personnel are acting in
connection 'Nith quasi judicial or administrative hearings) during the time
period of the entire decision making process on an action, decision or
recommendation 'Nhich foreseeably will be heard or reviev/ed by the city
commission, or a city board, committee, or agency.
"Lobbyists" specifically includes the principal, as well as any agent, attorney,
officer or employee of a principal, regardless of vlhether lobbying activities fall
within the normal scope of employment of the agent, attorney, officer or
employee. "Lobbyist" shall exclude any person who only appears as a
representative of those identified in subsection (e).
(2) Principal means the natural person, firm, corporation company or other entity
that has employed or retained a lobbyist, including the person employed by the
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(c)
company or other entity, that has the authority to retain or direct a lobbyist on
their behal( .
(3) Cf)flSbllttl1'lt means an individual, corporation, partnership or business entity that
has been retained, for financial compensation, which includes non monetary
compensation of similar value, to assist or provide any professional services to
an entity in seeking approval of an item from the city commission or staff, or to
obtain a contract with the city
(3) All lobbyists shall comply with this ordinance and the 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, for the purpose of this ordinance and for the interpretation and
application ofthe County's Lobbying Ordinance to the City.
(1) Registration and filing requirements. All lobbyists shall, at least on or before
3 :00 p.m. on the day before engaging in any lobbying activities, register with the city
clerk, unless exempted from registering by Section 2-11.1(s) (3) of the Miami-Dade
County Code~ and pay a lobbyist fee, if required. E:very person required to register
shall register on forms prepared by the city clerk, pay a registration fee as specified
in the fee schedule and state u.nder oath: A lobbyist who has engaged in lobbying
activities before timely registering as a lobbyist shall pay a fine of $500. It shall be
the responsibility of the City Clerk to collect all fines and fees. A lobbyist who,
without compensation for performing the services of a lobbyist, is representing an
individual for non-commercial purposes (hereinafter referred to as a "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 for a limited lobbyist. In addition, any lobbyist who would not be
required by Miami-Dade County to pay a lobbyist registration fee if engaged in
lobbying activities with the County shall not be required to pay a lobbyist
registration fee when engaged in lobbying activities with the City.
1. Registration Publication. All lobbyist registration forms shall be received and
date stamped by the City Clerk. The Clerk's Office shall maintain a list of all
registration and of the payment of the registration fee. The Clerk shall publish
on the City website a registration list of principals, issues and lobbyists which
shall be updated at the end of each day, to the extent possible, that a completed
or amended registration form is received.
11. Every person required to register shall register on forms prepared by the city
clerk and, other than those lobbyists who are exempt from paying a 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 oath by the lobbyist and the principal whom
the lobbyist represents, such as its president, partner or managing member:
a. Name and business address oflobbyist;
b. Name and business address of the principal and;
c. The name and business address of each person, consultant, or entity, 'vVithin the
preceding five (5) years, for whom the lobbyist Vias employed as a lobbyist;
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d. The commlSSlOner or personnel sought to Whether Commissioners, City
Administration, City Attorney or City Clerk will be lobbied; and
e. The specific issue on which the lobbyist has been employed to lobby;
(iii)The principal and the lobbyist must also submit a joint affidavit stating that the
principal has not offered and the lobbyist has not agreed to accept any
contingency or success fees as defined in Section 2-11.1 (s)(7) of the Miami-Dade
County Code of Ordinances. Failure of a principal to file the required forms may
be considered in the evaluation of a bid or proposal as evidence that a proposer or
bidder is not a responsible contractor.
(2) Change or modification of information. Any change to any information originally
filed, or any additional city commissioner or personnel who are also sought to be
lobbied shall require the lobbyist to file an amendment to the registration forms,
although no additional fee shall be required for such amendment. _The lobbyist has a
continuing duty to supply information and amend the forms filed throughout the
period for which the lobbying occurs.
(3) Disclosure. If the lobbyist represents a legal entity such as a corporation, company,
partnership or trust, the chief officer, partner or beneficiary shall also be identified.
Without limiting the foregoing, the lobbyist shall also identify all persons holding
directly or indirectly, a ~ ten (10 go) percent or more oVfflersffip interest in the ml
entity corporation, partnership or trust. Any consultant shall identify itself and the
capacity in 'vvhich slbe has been retained.
(4) Separate registration Fee requirements for issues. Separate registration an additional
$100 fee shall be required for each additional specific issue being lobbied for a
Pf}rincipal represented on each specific issue. A separate fee shall be required for
each separate issue for the same Principal for each calendar fiscal year, vmich is
from October 1 through September 30 (hereinafter referred to as "Fiscal Year"). The
issue shall be described ·"vith as much detail as is practical, including but not limited
to a specific description vmere applicable of a pending request for a proposal,
invitation to bid, or public hearing item. The city clerk, in the clerk's judgment,
shall reject any registration statement that does not provide a description of the
specific issue on which the lobbyist has been employed.
(5) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal. Each principal shall file a form with the Clerk at
the point in time at which a lobbyist is no longer authorized to represent the
principal.
(6) Fees. Each lobbyist who is required to sRaH pay a registration fee, shall pay such fee
as specified in the city's standard schedule of fees each time he or she registers or re-
registers each calendar year_the time of registering with the city clerk, A lobbyist
must re-register every calendar ffieal year before commencing any lobbying
activities 'vvhich is from October 1 through September 30. _There shall be no fee
required for filing a notice of withdrawal.!, and-tlhe 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 file a form with the city clerk, signed by the principal or the
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principal's representative, stating that the lobbyist is authorized to represent the
principal. Any person who only appears as a representative of a nonprofit
corporation or entity (such as a charitable organization, neighborhood", or
homeowner association, local chamber of commerce, and merchant's association,
trade association or trade union), 'Nithout who declared in their lobbyist registration
application that they would not receive and have not received any special
compensation or reimbursement for the appearance, , ... 'hether direct, indirect, or
contingent, to express support or opposition to any item, must register but shall not
be required to pay a registration fee register with the city clerk as required by this
subsection.
(7) Disclosure and appearance of impropriety. _In addition to the matters addressed
above, every registrant shall be required to state the extent of any business, financial,
familial, er-professional relationship, or other relationship giving rise to an
appearance of an impropriety, with the mayor, any city commissioner, or personnel
who is sought to be lobbied as identified on the lobbyist registration form filed ..
(8) Duty of the city commission, boards, committees, agencies, and employees. All
members of the city commission and all city personnel, including all board,
committee", and agency members, shall be diligent to ascertain .. vhether persons
required to register pursuant to this section have complied vlith the requirements of
. this division. _The mayor, commissioners, board, committee and agency members,
and city personnel may not lrnov/ingly permit themselves to be lobbied by a person
who is not registered pursuant to this section. All members of the City Commission,
and all City personnel, shall be diligent to ascertain whether persons required to
register pursuant to this subsection have been complied. Commissioners or City
personnel may not knowingly permit a person who is 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 '.vith the city clerk before meeting
v/ith 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 as a representative for an individual or firm for an oral
presentation before a City certification, evaluation, selection, technical review or
similar committee, shaUlist on an affidavit provided by the City staff, all individuals
who may make a presentation. The affidavit shall be filed by staff with the Clerk's
office at the time the committee's proposal is submitted to the City Manager. For
the purpose of this subsection only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall
not be required to pay any registration fees. No person shall appear before any
committee on behalf of an anyone unless he or she has been listed as part of the
firm's presentation team pursuant to this paragraph or unless he or she is registered
with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
* * *
(e) Exceptions to registration. All persons who are exempted from registration or from
paying a registration fee by the Miami-Dade County's Lobbying Ordinance are
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likewise exempted by the City from registration and/or from the payment of
registration fees. The follO\ving persons will be e~{empt from the provisions of this
section:
(1) Any person vAlo only appears in his or her individual capacity at a public
hearing before the city 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 of or opposition to any item, shall not be
required to register as a lobb~rist, including but not limited to those '.vhe are
members of homeO\,.,ners or neighborhood associations. 1'\.11 speakers shall,
hovlEwer, sign in on forms available at the public hearing or meeting.
Additionally, any person or representativ:e of a business entity requested to
appear before any city commission, or board, committee, or agency meeting, or
any person or representative compelled to answer for or appealing a code
violation, or any administrative hearing shall not be required to register, nor
shall any agent, attorney, officer or employee ofthe person.
(2) Any public officer, employee or appointee or any person or entity in contractual
privity '.vith the city vAlo only appears in his or her official capacity shall not be
required to register as a lobbyist.
(3) Any person appearing as an expert witness called in proceedings before the
commission, any board or a committee or the administration of the city '.vho
presents testimony in support of a position or explaining such position.
23 (f) Penalties.
24 (1) Violations of this section may be determined by the Miami-Dade County
25 Commission on ethics and public trust. A finding by the commission that a
26 person has violated this chapter shall subject the person to a five hundred dollars
27 ($500.00) civil penalty. The commission on ethics may additionally provide
28 other penalties such as admonition and public reprimand, as well as prohibitions
29 from registering as a lobbyist or engaging in lobbying activities before the city.
30 Conviction for given false information shall be punishable by a fine of up to
31 $500, imprisonment for up to 60 days andor suspension from lobbying
32 privileges in South Miami for a period of up to two years.
33 (2) Additionally, every person who is found to be in violation of this chapter shall be
34 prohibited from registering as a lobbyist or lobbying in accordance with the
35 following schedule:
36 • First violation~ for a period of one (1) year from the date of determination of
37 violation;
38 • Second violation~ for a period of two (2) years from the date of determination
39 of violation;
40 • Third violation~ for a period of three (3) years from the date of determination
41 of violation.
42 The city commission may debar a bidder or proposer from lobbying activities in the
43 city, and from entering into contracts with the city, or any agency or authority of the
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1 city when the bidder or proposer either directly or indirectly, on three or more
2 occasions, has been found to have violated the lobbyist provisions of this section.
3 As used herein, a "direct violation" shall mean a violation committed by the bidder
4 or proposer and an "indirect violation" shall mean a violation committed by a
5 lobbyist representing said bidder or proposer. A contract entered into in violation of
6 this section shall render the contract voidable. The city manager shall include the
7 provisions of this section in all city bid documents, RFPs and RFQs; provided,
8 however, that failure to do so shall not render any contract voidable.
9 * * *
10 Section 2. Codification. The provisions of this ordinance shall become and be made
11 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
12 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
13 "ordinance" may be changed to "section" or other appropriate word.
14
15 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
16 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
17 shall not affect the validity of the remaining portions of this ordinance.
18
19 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
20 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
21 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
22 that give the appearance of being in conflict when the two ordinances can be harmonized or
23 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
24 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
25 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
26 to harmonize the two ordinances shall be repealed.
27
28 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 7 of7
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
MDC Ethic'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 2-11.1(i)(2) of the Miami-Dade County Conflict of Interest and Code of Ethics
Ordinance.
(b) As used in this section, "Lobbyist" means all persons, firms, or corporations employed or
retained by a principal who seeks to encourage the passage, defeat, or modifications of (1) ordinance,
resolution, action or decision of the County Commission; (2) any action, decision, recommendation of
the County Manager or any County board or committee; or (3) any action, decision or recommendation
of County personnel during the time period of the entire decision-making process on such action,
decision or recommendation which foreseeably will be heard or reviewed by the County Commission, or
a County board or committee. "Lobbyist" specifically includes the principal as well as any employee
whose normal scope of employment includes lobbying activities. The term "Lobbyist" specifically
excludes the following persons: attorneys or other representatives retained or employed solely for the
purpose of representing individuals, corporations or other entities during publicly noticed quasi-judicial
proceedings where the law prohibits ex-parte communications; expert witnesses who provide only
scientific, technical or other specialized information or testimony in public meetings; any person who
only appears as a representative of a neighborhood association without compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to express support of or
opposition to any item; any person who only appears as a 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 a principal whose normal scope of employment
does not include lobbying activities.
(2) All lobbyists shall register with the Clerk of the Board of County Commissioners within five (5)
business days of being retained as a lobbyist or before engaging in any lobbying 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 to lobby. If the lobbyist represents a corporation,
the corporation shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all
persons holding, directly or indirectly, a five (5) percent or more ownership interest in such corporation,
partnership, or trust. Registration of all lobbyists shall be required prior to January 15 of each year and
each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal. The fee for annual registration shall be four hundred and ninety dollars ($490.00). Every
registrant shall be required to state the extent of any business or professional relationship with any
current person described in subsection (b)(1). The registration fees required by this subsection shall be
deposited by the Clerk into a separate account and shall be expended for the purpose of recording,
transcribing, administration and other costs incurred in maintaining these records for availability to the
public. Notwithstanding the foregoing, fifteen (15) percent of future funds generated by lobbyist
registration fees after the effective date of this ordinance shall be deposited into a separate account,
and shall be expended by the Ethics Commission for the purposes of educational outreach, the
rendering of advisory opinions and enforcement of the provisions of Section 2-11.1(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) Prior to conducting any lobbying, all principals must file a form with the Clerk of the Board of
County Commissioners, signed by the principal or the principal's representative, stating that the lobbyist
is authorized to represent the principal. The principal and the lobbyist must also submit a joint affidavit
stating that the principal has not offered and the lobbyist has not agreed to accept any contingency or
success fees as defined in subsection (s)(7). Failure of a principal to file the required forms may be
considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a
responsible contractor. Each principal shall file a form with the Clerk of the Board at the point in time at
which a lobbyist is no longer authorized to represent the principal.
(d) Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Clerk of
the Board a certificate of completion of an ethics course offered by the Miami-Dade County Commission
on Ethics and Public Trust ("Ethics Course"). Lobbyists who have completed the initial Ethics Course
mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be
required to complete a refresher Ethics Course every two years. Each lobbyist who has completed a
refresher Ethics Course shall submit to the Clerk ofthe Board a certificate of completion within sixty (60)
days after registering as a lobbyist. The Ethics Course shall include, but not be limited to, a review of the
following topics: the Conflict of Interest and Code of Ethics Ordinance; the Sunshine Law; and the Public
Records Law. The fee for the Ethics Course shall be one hundred dollars ($100.00). The registration fees
required by this subsection shall be deposited into a separate account, and shall be expended by the
Ethics Commission for Ethics Courses and related costs. The requirements of this subsection relating to
the Ethics Course shall not be applicable to any municipal lobbyist in Miami-Dade County unless said
municipality has adopted an ordinance providing for ethics training of lobbyists, and has entered into an
interlocal agreement with the County authorizing the Ethics Commission to provide the Ethics Course
provided for in this subsection. The Executive Director of the Ethics Commission may waive the Ethics
Course requirement for a particular lobbyist when he or she determines that the lobbyist has taken an
initial or refresher Ethics Course offered by a municipality which satisfies the requirements of this
subsection.
(3) (a) Any public officer, employee or appointee who only appears in his or her official
capacity shall not be required to register as a lobbyist.
(b) Any person who only appears in his or her individual capacity for the purpose of self-
representation without compensation or reimbursement, whether direct, indirect or contingent, to
express support of or opposition to any item, shall not be required to register as a lobbyist. A principal
of any corporation, partnership or other entity who appears as a lobbyist on behalf of that entity,
without special compensation or reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item, shall register with the Clerk as required by
this subsection, but shall not be required to pay any registration fees.
(4) Any person who only appears as a representative of a not-for-profit corporation or entity (such
as a charitable organization, or a trade association or trade union), without special compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to express support of or
opposition to any item, shall register with the Clerk as required by this subsection, but, upon request,
shall not be required to pay any registration fees. Any principal who only appears as a representative of
a certified Micro Enterprise, as defined in Section 2-8.1.1.1.1 of the Code, as a representative of a
certified Levell Community Small Business Enterprise, as defined in Section 10-33.02 or as a
representative of a certified Tier 1 Community Business Enterprise, as defined in Section 2-10.4.01,
without special compensation or reimbursement for the appearance, whether direct,' indirect or
contingent, to express support of or opposition to any item, shall register with the Clerk as required by
this subsection, but, upon request, shall not be required to pay any registration fees.
(5) Any person who appears as a representative for an individual or firm for an oral presentation
before a county certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the County, all individuals who may make a presentation. The affidavit shall be filed
by staff with the Clerk's office at the time the proposal is submitted. For the purpose of this subsection
only, the listed members of the presentation team shall not be required to pay any registration fees.
No person shall appear before any committee on behalf of an individual or firm unless he or she has
been listed as part ofthe firm's presentation team pursuant to this paragraph or unless he or she is
registered with the Clerk's office and has paid all applicable fees.
(6) (a) On July 1 of each year, the lobbyist shall submit to the Clerk of the Board of County
Commissioners a signed statement under oath, as provided herein, listing all lobbying expenditures in
excess of twenty-five dollars ($25.00) for the preceding calendar year. A statement shall not be filed if
there have been no expenditures during the reporting period. The statement shall list in detail each
expenditure by category, including food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
(b) The Clerk of the Board of County Commissioners shall notify any lobbyist who fails to timely file
an expenditure report. In addition to any other penalties which may be imposed as provided in
subsection (s)(9), a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the due
date. Where a fine of fifty dollars ($50.00) per day is assessed, the Ethics Commission shall not impose a
fine as provided in subsection (z). Any lobbyist who fails to file the required expenditure report by
September 1 shall be automatically suspended from lobbying until all fines are paid unless the fine has
been appealed to the Ethics Commission.
(c) The Clerk of the Board of County Commissioners shall notify the Commission on Ethics and
Public Trust of the failure of a lobbyist or principal to file a report and/or pay the assessed fines after
notification.
(d) A lobbyist or principal may appeal a fine and may request a hearing before the Commission on
Ethics and Public Trust. A request for a hearing on the fine must be filed with the Commission on Ethics
and Public Trust within fifteen (15) calendar days of receipt ofthe notification ofthe failure to file the
required disclosure form. The Commission on Ethics and Public Trust shall have the authority to waive
the fine, in whole or part, based on good cause shown. The Commission on Ethics and Public Trust shall
have the authority to adopt rules of procedure regarding appeals from the Clerk of the Board of County
Commissioners.
(7) No person may, in whole or in part, pay, give or agree to payor give a contingency fee to
another person. No person may, in whole or in part, receive or agree to receive a contingency fee. As
used herein, "contingency fee" means a fee, bonus, commission, or nonmonetary benefit as
compensation which is dependent on or in any way contingent on the passage, defeat, or modification
of: (1) an ordinance, resolution, action or decision of the County Commission; (2) any action, decision or
recommendation of the County Manager or any County board or committee; or (3) any action, decision
or recommendation of County personnel during the time period of the entire decision-making process
regarding such action, decision or recommendation which foreseeably will be heard or reviewed by the
County Commission, or a County board or committee.
(8) The Clerk shall publish logs on a quarterly and an annual basis reflecting the lobbyist
registrations which have been filed in accordance with this subsection (s). All logs required by this
ordinance shall be prepared in a manner substantially similar to the logs prepared for the 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 a violation is found to have been committed the Ethics
Commission may, in addition to the penalties set forth in subsection (z), prohibit such person from
lobbying before the County Commission or any committee, board or personnel of the County as
provided herein.
Every lobbyist who is found to be in violation of this section shall be prohibited from registering as a
lobbyist or lobbying in accordance with the following schedule:
1st violation for a period of 90 days from the date of determination of violation;
2nd violation for a period of one (1) year from the date of determination of violation;
3rd violation for a period of five (5) years from the date of determination of violation;
A bidder or proposer shall be subject to the debarment provisions of Section 10-38 of the Code of
Miami-Dade County as if the bidder or proposer were a contractor where the bidder or proposer has
violated this section, either directly or indirectly or any combination thereof, on three (3) or more
occasions. 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 also render the contract
voidable. The County Manager shall include the provisions of this subsection in all County bid
documents, RFP, RFQ, CBO and CDBG applications; provided, however, the failure to do so shall not
render any contract entered into as the result of such failure illegal per se.
(10) All members of the County Commission, and all County personnel, shall be diligent to ascertain
whether persons required to register pursuant to this subsection have been complied. Commissioners or
County personnel may not knowingly permit a person who is not registered pursuant to this subsection
to lobby the Commissioner, or the relevant committee, board or County personnel.
(11) Except as otherwise provided in subsection (s)(9), the validity of any action or determination of
the Board of County Commissioners or County personnel, board or committee shall not be affected by
the failure of any person to comply with the provisions of this subsection (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. SA-S. -Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties.
(a) This section shall be known as the City of South Miami Lobbyist Registration Qrdinance.
(b) Definitions. For the purposes of this section, the following terms shall have the definitions contained
herein:
(1) Lobbyist means all natura! persons, unincorporated associations, or business entities, firms,
corporations, principals employed or retained, for financial compensation, which includes non-
monetary compensation of similar value, by a principal who seeks to encourage the passage,
defeat, or modification of any of the following:
a. Ordinance, resolution, action, or decision of the city commission, the mayor, or any
commissioner;
b. Action, decision, or recommendation of any city board, committee, or agency, including
without limitation, the governing and advisory boards of the city community redevelopment
agency and the health facility authority; or
c. Action, decision or recommendation of the city manager, deputy, assistant, or assistant to
the city manager, department heads, division heads, city attorney, assistant city attorney
(except when such personnel are acting in connection with quasi-judicial or administrative
hearings) during the time period of the entire decision-making process on an action,
decision or recommendation which foreseeably will be heard or reviewed by the city
commission, or a city board, committee, or agency.
"Lobbyists" specifically includes the principal, as well as any 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 as a representative of those identified in subsection (e).
(2) Principal means the natural person, firm, corporation or other entity that has employed or
retained a lobbyist.
(3) Consultant means an individual, corporation, partnership or business entity that has· bee
retained, for financial compensation, which includes non-monetary compensation of similar
value, to assist or provide any professional services to an entity in seeking approval of an item
from the city commission or staff, or to obtain a contract with the city.
(c) (1) Registration and filing requirements. All lobbyists shall, before engaging in any lobbying
activities, register with the city clerk. Every person required to register shall register on forms
prepared by the city clerk, pay a registration fee as specified in the fee schedule and state
under oath:
a. Name and business address of lobbyist;
b. Name and business address of prinCipal;
c. The name and business address of each person, consultant, or entity, within the preceding
five (5) years, for whom the lobbyist was employed as a lobbyist;
d. The commissioner or personnel sought to be lobbied; and
e. The specific issue on which the lobbyist has been employed to lobby;
(2) Change or modification of information. Any change to any information originally filed, or any
additional city commissioner or personnel who are also sought to be lobbied shall require the
lobbyist to file an amendment to the registration forms, although no additional fee shall be
required for such amendment. The lobbyist has a continuing duty to supply information and
amend the forms filed throughout the period for which the lobbying occurs.
(3) Disclosure. If the lobbyist represents a corporation, partnership or trust, the chief officer, partner
or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
Page 1
identify all persons holding directly or indirectly, a ten (10) percent or more ownership interest in
the corporation, partnership or trust. Any consultant shall identify itself and the 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 but not limited to a specific description where applicable of a pending
request for a proposal, invitation to bid, or public hearing item. The city clerk shall reject any
. registration statement that does not provide a description of the specific issue on which the
lobbyist has been employed.
(5) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(6) Fees. Each lobbyist shall pay a registration fee, as specified in the city's standard schedule of
fees at the time of registering with the city clerk, every year from October 1 through September
30. There shall be no fee required for filing a notice of withdrawal, and the city manager shall
waive the registration fee upon a finding of financial hardship, based upon a sworn statement of
the applicant. Prior to conducting any lobbying on a matter, all lobbyists must file a form with the
city clerk, signed by the principal or the principal's representative, stating that the lobbyist is
authorized to represent the principal. Any person who only appears as a representative of a
nonprofit corporation or entity (such as a charitable organization, neighborhood or homeowner
association, local chamber of commerce and merchant's association, trade association or trade
union), without special compensation or reimbursement for the appearance, whether direct,
indirect, or contingent, to express support or opposition to any item, shall not be required to
register with the city clerk as required by this subsection.
(7) Disclosure and appearance of impropriety. In addition to the matters addressed above, every
registrant shall be required to state the extent of any business, financial, familial or professional
relationship, or other relationship giving rise to an appearance of an impropriety, with the mayor,
any city commissioner, or personnel who is sought to be lobbied as identified on the lobbyist
registration form filed.
(8) Duty of the city commission, boards, committees, agencies, and employees. All members of the
city commission and all city personnel, including all board, committee and agency members,
shall be diligent to ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. The mayor, commissioners, board, committee
and agency members, and city personnel may not knowingly permit themselves to be lobbied
by a person who is not registered pursuant to this section.
(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.
(d) List of expenditures.
(1) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under
oath, as provided by the clerk, listing all lobbying expenditures for the preceding calendar year.
A statement shall not be filed if there have been no expenditures during the reporting period.
The statement shall list in detail each expenditure by category, including food and beverage,
entertainment, research, communication, media advertising, publications, travel, lodging and
special events and shall identify the city officials, personnel, and members upon whom the
expenditures were made.
(2) The city clerk shall notify any lobbyist who fails to timely file an expenditure report. In addition to
any other penalties which may be imposed under this chapter, a fine of fifty dollars ($50.00) per
day shall be assessed for reports filed after the October 1 due date.
(3) The city clerk shall notify the county commission on ethics and public trust of the failure of a
lobbyist to file a report and/or pay the assessed fines after notification.
Page 2
(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 days of receipt of the
notification of the failure to file the required disclosure form. The county commission on ethics
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 at a public hearing before the city
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 of or opposition to any item, shall not
be required to register as a lobbyist, including but not limited to those who are members of
homeowners or neighborhood associations. All speakers shall, however. sign-in on forms
available at the public hearing or meeting. Additionally, any person or representative of a
business entity requested to appear before any city commission, or board, committee, or
agency meeting, or any person or representative compelled to answer for or appealing a code
violation, or any administrative hearing shall not be required to register, nor shall any agent,
attorney, officer or employee of the person.
(2) Any public officer, employee or appOintee or any person or entity in contractual privity with the
city who only appears in his or her official capacity shall not be required to register as a lobbyist.
(3) Any person appearing as an expert witness called in proceedings before the commission, any
board or a committee or the administration of the city who presents testimony in support of a
position or explaining such position.
(f) Penalties.
(1) Violations of this section may be determined by the Miami-Dade County Commission on ethics
and public trust. A finding by the commission that a person has violated this chapter shall
subject the person to a five hundred dollars ($500.00) civil penalty. The commission on ethics
may additionally provide other penalties such as admonition and public reprimand, as well as
prohibitions from registering as a lobbyist or engaging in lobbying activities before the city.
(2) Additionall, every person who is found to be in violation of this chapter shall be prohibited from
registering as a lobbyist or lobbying in accordance with the following schedule:
• First violation for a period of one (1) year from the date of determination of violation;
• Second violation for a period of two (2) years from the date of determination of violation;
• Third violation for a period of three (3) years from the date of determination of violation.
The city commission may debar a bidder or proposer from lobbying activities in the city, and from
entering into contracts with the city, or any agency or authority of the 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,
that failure to do so shall not render any contract voidable.
(3) Except as otherwise provided in subsection (f)(1), the validity of any 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 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 as a lobbyist shall seNe on any board or committee of the city. Any person
who is required to register as a lobbyist subsequent to being appointed to a 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 to a 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 as a lobbyist. The penalty provisions
of subsection (f) shall apply to any 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 § 9 of Ord. No. 1251, adopted June 3, 1986, specified inclusion in ch. 2, the editor has
included the provisions in § 8A-5 since § 7 of the ordinance repealed Ord. No. 1233,
adopted June 14, 1985, §§ 1, 2 of which had been included as § 8A-5
Page 4
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Alexander Montessoli School does not discnminate on the basis of race, nationality, or ethruc origin.
The Public is advised that the South A Municipal 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.
CITY OF SOUTH MIAMI
COURTESY NOTICE
The MAC will be evaluating the potential incorporation of the area into a separate municipality; it will also be
meeting with staff to discuss the County's concerns regarding any adverse impactto the remaining unincorporated
municipal service area or other regional municipal-type services that could occur due to any such incorporation,
The MAC area is generally bounded as follows:
NORTHERN MOST BOUNDARY: SW 120th street
SOUTHERN MOST BOUNDARY: SW 232nd Street
EASTERN MOST BOUNDARY: US 1
WESTERN MOST BOUNDARY: SW 157th Avenue
(Boundaries only include areas within
County Commission DistricI9 for study area)
The public is invited to share its thoughts on incorporation, the proposed boundaries, services it wishes to see
enhanced and any additional information that may assist the MAC in its deliberations,
or legal ads online, go t
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Wednesday. December 17, 2014
beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following
item(s):
A Resolution authorizing the City Manager to negotiate an agreement with ADP to provide payroll services,
Human Resources and Time & Attendance integrated software solution.
An Ordinance amending Section 4-2(a) of the City Code adding drugstores, convenience stores and service
stations as listed uses in the table of distance requirements regarding alcohol sale.
An Ordinance amending Section 20-4.2 of the City of South Miami's Land Development Code to add criteri<l for
the City'S approval of a plat or rc~plat tcnt<ltivcly approved by the Miami~Dade County.
(
An Ordinance amending See. 8A~5 (a), (b), (c), (c) and (f) of Chapter 8A orthe City of Soulh Miami's COd)
of Ordhlances as to definitions and exemptions and adopting applicable portions of the Miami-Dade County
lobbyi~g ordinance concerning definitions and exemptions as well as providing stricter requirements and
penaltIes.
An Ordinance amending the Land Development Code Section 20-4.5 and 20-4.5.1, including. but not limited to,
provisions concerning intent, definitions, applicability and providing for tree removal requirements, applications,
permits, fecs trec mitigation and protection, enforcement, penalties, remcdies, and appeals.
ALL interestcd parties arc invited to attend and will be hcard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pur$u:ml to Florid .. S!alUtes 286.0 I 05, the City hereby ad\·ises the public that if a person decides 1\) appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or hearing. he or she will need a record of the prnceedings, and In:1I for such
purpose. affected person may need to ensure that a verbatim record of the proceedings is made which record includes the te~timony and cYidencc
llpon which the appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING 12/17/2014
in the XXXX Court,
was published in said newspaper in the issues of
12/05/2014
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has . er paid no any person, firm or corporation
a Iscount, r e, commission 0 efund for the purpose
of securing IS advertisement for pu lication in the said
newspaper.'-____________ ~t_------
(SEAL)