Ord. No. 16-85-1233ORDINANCE NO..J^?5-1233_
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING CHAPTER 8A CODE OF ETHICS,OF THE CODE
OF ORDINANCES OF THE CITY OF SOUTH MIAMI BY
REPEALING SECTION 8A-5 WHICH PROVIDED FOR-ADOPTION
OF SECTION 112.319,FLORIDA STATUTES PART III,OF
CHAPTER 12 (NOW REPEALED)AND SUBSTITUTING THEREFOR
SECTION 8A-5(a)PROVIDING FOR DEFINITIONS OF LOBBYIST
AND PRINCIPAL;REQUIRING REGISTRATION OF LOBBYIST ON
CERTAIN FORMS,REQUIRING MONTHLY REPORTING OF RECEIPTS,
EXPENDITURES,AND SOURCES OF FUNDS OF ALL PERSONS
EMPLOYED OR RETAINED BY PRINCIPALS SEEKING TO ENCOURAGE
THE PASSAGE DEFEAT OR MODIFICATION OF ANY ORDINANCE,
RESOLUTION,ACTION OR DECISION OF CITY COMMISSION OR
SEEKING TO ENCOURAGE PASSAGE,DEFEAT OR MODIFICATION OF
ANY ACTION DECISION OR RECOMMENDATION OF ANY BOARD,
committee/city manager or their Respective STAFF
PROVIDING EXCEPTIONS FOR PERSONS IN THEIR INDIVIDUAL
CAPACITY OF SELF REPRESENTATION WITHOUT COMPENSATION OR
REIMBURSEMENT;PROVIDING FOR PENALTIES;PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 8A-5 of the South Miami Code of
Ordinances,to-wit:
ADOPTION OF STATE STATUTE
Pursuant to the authority of Section 112.319,Florida
Statutes,Part III of Chapter 112,Florida Statutes,
is hereby adopted and made applicable to employees of
the City of South Miami,to the extent that provisions
of Part III of Chapter 112,Florida Statutes,conflicts
with other provisions hereof the statute shall conrol.
be,and the same is hereby repealed and the following provision shall be substituted
therefore and the same shall be included in the Code as 3A-5a:
Section 2.
8A-5a Lobbyists;Registration and Reporting;Exemptions;Penalties
1.As used in this Section,unless the context otherwise requires
(a)"Principal"means the person,firm,corporation,or other
entity which has employed or retained a lobbyist and pays
such lobbyist any remuneration or expenses for lobbying
activities in the City.~
(b)"Lobbyist"means all paid persons,firms,corporations
employed or retained by a principal who seek to encourage
the passage,defeat,or modification of any ordinance,
resolution,action or decision of the City Commission or
the action,decision or recommendation of any Board,
Committee or City Manager of the City of South Miami
Florida,during any time,including but not limited to
the entire decision making process on which forseeable
action will be taken by the City Commission,Board or
Committee or City Manager or any member of Staff thereof
who receives any compensation,remuneration or expenses
for conducting any lobbying activities.
2.Lobbyists shall,before engaging in such lobbying
activity,register with the City Clerk's office.
_3.Every person required to register as a lobbyist
shall register on forms prepared by the City Attorney and shall state under oath
the lobbyist's name,business address,the name and business address of each
principal represented,any previous principal represented who has,at the time of
said registration,any matters pending where the City is involved including but not
limited to building,planning and zoning matters where no certificate of occupancy
has been issued or where the time for any appeal from any ordinance,resolution,
decision,action or recommendation has not expired,and the general and specific areas
of lobbyist interest in any City matter-Separate registration is required for each
principal represented.
_4.In addition,every registrant shall be required to
state under oath,the extent of any direct or indirect business association or
relationship,in any form or manner,whatsoever and whether as an agency,partnership,
corporation,or otherwise,with any current member of the City Commission,board,
committee and the City Manager or City Manager's staff.
5„All registrations shall be open to the public.
6,A lobbyist,shall monthly submit to the City Clerk's
office a signed statement under oath 11 sting all lobbying receipts,expenditures and
sources from which funds for making such expenditures have come„The lobbying receipts
and expenditures shall include,but not be limited to,all compensation,remuneration,
and expenses of any nature or kind for or on behalf of the lobbyist and for expenses
for lodging,meals,entertainment and travel of the lobbyist and the identity and address
of any guest.Such statements shall be rendered on the form provided by the City Clerk's
office and shall be open to public inspection.Such statements shall be filed,even if
there have been no receipts or expenditures during a reporting period until such time as
a notice of withdrawal of lobbying activities is filed by the lobbyist with the City Clerk.
•_7.A lobbyist,when in doubt about the applicability
and interpretation of this section in a particular context,shall submit in writing
the facts for an advisory opinion by the City Attorney.,The City Attorney shall render
advisory opinions toany lobbyist who seeks advice as to whether the facts in a
particular case would constitute a violation of this section.All advisory opinions
of the City Attorney shall be numbered,dated and furnished to the City Clerk's office
and shall be open to public inspection.
Bo The City Clerk's office shall keep all advisory opinions
of the City Attorney relating to lobbyists and lobbying activities,as well as current
list of registered lobbyists and their respective reports required under this section,all o1
all of which shall be «F*6n for public inspection.
9..The City Attorney shall investigate any person engaged
in lobbying activities which may be in violation of this ordinance.The City Attorney
shall report the results of his investigation to the City Commission.The City
Commission may reprimand,censure,suspend or prohibit subh person from lobbying.
10,Any person who merely appears before the City
Commission,board,committee,City Manager ora member or staff thereof in an
individual capacity for the purpose of self-representation qp for representation of others
without compensation or reimbursement to express support of or in opposition to any ordinance
resolution,decision or action of the City Commission or action,recommendation or decision of
any board,committee,City Manager or City Manager's staff,and who shall so declare
to the City Commission,board,committee or any member thereof and to the City
Manager or City Manager's staff with whom such person discusses any proposed ordinance,
resolution,decision,or recommendation shall not be required to register as a
lobbyist.
Section 3,Violation of any provision of this Ordinance shall
be subject to the following penalty:a fine not to exceed $500 and/or imprisonment
in the County jail not to exceed sixty (60)days„
Section 4.All ordinances or parts of ordinances in conflict
herwith be,and the same are hereby repealed„
Section 5.if any section,sentence,clause or phrase of this
ordinance is held to be invalid or unconstitutional by any court of compentent
jurisdiction,then said holding shall in no way affect the validity of the remaining
portions of this ordinance.
Section 6.It is the intention of the City Commission that the
provisions of this ordinance shall become andbe made a part ofthe South Miami City
Code;and that the sections of this ordinance maybe renumbered or relettered andthe
word "ordinance"may be changed to "section","article"or such other appropriate word
or phrase in order to accomplish such intentions.
Section 7.This ordinance shall take effect immediately
at the time of its passage.
PASSED AND ADOPTED this 4th day of June ,1985
APPROVED:
ATTEST:
READ AND APPROVED ASTO FORM:
>LM-~<Mtu,
CITY A7 fORNEY
Passed-on>1st Reading:5/7/85
Passed on 2nd Reading:6/4/85