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Ord No 21-19-2334ORDINANCE NO.21-19-2334 An Ordinance amending Section 8A-5 of Chapter 8A of the City of South Miami's Code of Ordinances concerning lobbyist registration. WHEREAS, the Mayor and City Commission for the City of South Miami desire to amend the disclosure requirements in the City's lobbyist registration ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 8A-5 of Chapter 8A of the City of South Miami's Code of Ordinances is hereby amended to read as follows: Sec. 8A-5. - Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties. (a) This sSection shall be known as the City of South Miami Lobbyist Registration Ordinance. (b) Definitions. For the purposes of this sSection, the following terms shafl-have the definitions contained herein: (1) Lobbyist. The eCity hereby adopts, by reference, the definition of a lobbyist as found in the Miami -Dade County lobbying ordinance, Section 2-11.1(s)(1)(b) of the Miami -Dade County Code of Ordinances and the interpretations of this sSection as applied in practice by Miami -Dade County and the Miami Dade Commission on Ethics. (2) "Principal" means the natural person, firm, company or other entity that has employed or retained a lobbyist, including the person employed by the company or other entity, that has the authority to retain or direct a lobbyist on their behalf. (3) All lobbyists shall comply with this sSection and the Miami -Dade County Lobbying Ordinance as they are amended from time to time. All references to the "county" in the eCounty's Lobbying Ordinance s-means the eCity, where applicable, for the purpose of this sSection and for the interpretation and application of the eCounty's Lobbying Ordinance to the eCity. (c) (1) Registration and filing requirements. Before engaging in n any lobbying activities, aAll lobbyists shall, before engaging -in -any lobbying , register with the eCity eClerk, unless exempted from registering by Section 2-11.1(s)(3) of the Miami -Dade County Code and pay a lobbyist fee, if required. A lobbyist who has engaged in lobbying activities before timely registering as a lobbyist shall pay a fine of five hundred dollars ($500.00). It shall be is the responsibility of the eCity eClerk 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 "ILimited ILobbyist") shall include such information in the lobbyist registration form which shall must be signed under oath certifying the truth of the information. No registration fee shall be is required for a ILimited ILobbyist. 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 c-County shall not be is not required to pay a lobbyist registration fee when engaged in lobbying activities with the eCity. Page 1 of 4 Ordinance No. 2s-19-2334 i. Registration publication. All lobbyist registration forms shall must be dated stamped by the eCity eClerk with the date and time of registration. The eClerk's office shall maintain a list of all registration and of the payment of the registration fee. The Clerk shall publish on the eCity 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. ii. Every person required to register shall register on forms prepared by the eCity eClerk and, other than those lobbyists who are exempt from paving a fee, shall pay a registration fee as specified in this Section or the eCity's fee schedule, whichever is greater. The forms sha l must include the following information, which shall be certified (under oath) by the lobbyist and the pPrincipal whom the lobbyist represents, and if the Principal is a legal entity or organization, the see-h-as its president, partner=7-� managing members or other authorized person, of such entity shall sign the certification: a. Name and business address of lobbyist; b. Name and business address of the pPrincipal; c. D o�u The name and address of the person who has paid, as well as the person who has agreed to pay compensation for the lobbying activities; d. Whether eCity commissioners, g0ty administration, eCity aAttorney or eCity eClerk will be lobbied; and e. The specific issue on which the lobbyist has been employed to lobby. iii. The pPrincipal and the lobbyist must also submit a joint affidavit stating that the pPrincipal 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 pPrincipal 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 eCity eCommissioner 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 is 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. If an amendment is required, no lobbyingactivity may performed until the registration form has been amended. (3) Disclosure. If the lobbyist represents a legal entity such as a corporation, company, partnership or trust, the chief administrative officer, including the president, managing partner, managing member, and managing partner. er- beaefieiafy sly must also be identified by name and address. (4) Fee requirements for issues. An additional one hundred dollar ($100.00) fee shall be is required to be paid for each additional specific issue being lobbied for a Principal. A separate fee shame is required for each separate issue for the same Principal for each calendar fiscal year. The eCity eClerk, in the eClerk's judgment, shall MU reject any registration statement that does not provide a description of the specific issue on which the lobbyist has been employed or retained. (5) Each person who withdraws as a lobbyist for a particular ^'Principal shall file an appropriate notice of withdrawal. Each pPrincipal shall file a form with the eClerk at the point in time at which a lobbyist is no longer authorized to represent the pPrincipal. Page 2 of 4 Ordinance No. 21-19-2334 (6) Fees. Each lobbyist who is required to pay a registration fee, shall pay such fee each time he or she registers or re -registers each calendar year with the eCity oClerk. A lobbyist must re -register every calendar year before commencing any lobbying activities. There shame frNo fee is required for filing a notice of withdrawal. The eCity oClerk shall may waive the registration fee upon a finding of financial hardship if supported by a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit eer-pemfie entity and who declareds in theme lobbyist registration application that dwy he or she willeuM not receive and hasve not received any compensation or reimbursement for the appearance to express support or opposition to any item, must register but stet be is not required to pay a registration fee. (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, professional, or other relationship with the mayor, any eCity eCommissioner, or City personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (8) All members of the eCity eCommission, and all eCity personnel, shall be diligent to ascertain whether persons required to register pursuant to this subsection have been complied. Commissioners or eCity 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 eCity personnel. (9) Any person who appears as a representative for an individual or firm for an oral presentation before a eCity certification, evaluation, selection, technical review or similar committee, shall may be list on an affidavit provided by the eCity staff, all individuals may make a pr-esentali . The oral presentation affidavit shall be filed by Cily staff with the eClerk's office at the time the committee's proposal is submitted to the eCity mManager. For the purpose of this subsection only, the listed members of the or presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to individually register or 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 oral presentation team pursuant to this paragraph or unless he or she is registered with the eClerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two Page 3 of 4 Ordinance No. 21-19-2334 ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 4ch day of June, 2019. ATTEST: CITY CL iRK I st Reading: 5/21/19 2nd Reading: 6/4/19 READ AND APPROVED AS TO FORM: APPROVED: F I u_:__0; COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Page 4 of 4 Agenda item No:6. City Commission Agenda Item Report Meeting Date: June 4, 2019 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Section 8A 5 of Chapter 8A of the City of South Miami's Code of Ordinances concerning lobbyist registration. 3/5 (Commissioner Welsh) Suggested Action: Attachments: Ord —Amend ingjA-lobbyist_Registration asAmendedlst_Reading.docx MDBR ad.pdf Miami Herald Ad.pdf MIAMI DAILY BUSINESS REVIEW Published Daily except Salurdey, Sunday and Legal Holidays Miami, Mom, -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review More 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 NOTICE OF PUBLIC HEARINGS- CITY OF SOUTH MIAMI- JUN. 4, 2019 in the XXXX Court, was published In mid newspaper In the issues of 05/24/2019 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 athant further says that he or she has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said GUILLERMO GARCIA personally known to me =T11yROMASI II GG 121171vember 2, 2g21. Fan 1. lamearialffil i9 5oury 04 b� 4 7 F ; V 927 1 m,ro 92'1 t• Olt / V CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City GomI1 LSiOn of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, June 4, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following Items: An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY GOVERNMENT', Article III titled "BOARDS AND COMMITTEES-, to establish an Audit Committee. An Ordinance amending Section 8A.5 of Chapter BA. of the City of South Miami's Code of Ordinances conceming lobbyist registration. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663.6340. Nell A Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that d a person decides to 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 proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 5/24 19-139/000D402770M 0' SURDAY MAY 361019 NEIGHBORS 3SE 01NM111FULD.CDN h1IA!IiI P„^= Camps at college summertime fun mean and, yes, some learning BY CHm4TNA MAYO chrimnamnuosto maiLmm For kids, it's pretty excit- ing to step onto a college campus. Add camp fun and learning goes to higher level. Treasured summer expe- riences for children and teens can be made in Mia- mi at one or more of the numerous camp options available at Florida in- ternational University, Miami Dade College, and University of Miami. There are programs for sports, STEM, CSI and jostle¢, music, an, culinary, animal habitat, Mandarin language, animation, read- ing enrichment, health care and first aid, public speak- ing, photography, and drone operations. The list goes on and on, and there is something for every interest. Them are many camp options that are cool and fun, said Marta Torres, director of program ad- ministration in the FIU College of Arts, Sciences & Education. "We want summer camp to be more than just a place for kids to go on break," Torres said. At MDC, the CSI and Procedural Justice Camp will engage youth, in- cluding those with dis- .Lu 6 ga findcx. ro LATIN _ AMERICAN CAFETERIA - RESTAURANT Best Cuban Food In Town Enjoy Our Daily Chef Specials We Cater Parties Size Not A Problem We are Open lam to Midnight a Seven Days a Week We Can Serve You Inside and Outside 898 SW 57 Avenue 305.267.9995 Major Crtdh Cards Accepted tndudina PrimecaN Mwrvnge CekR Campers can work in teams to design, build, program and control their own robots at the LEGO* EV3 Robotics program at Miami Dade College Homestead Campus. abilities, to earn hours that can be applied to degrees from Miami Dade College School of justice. "From Culinary at West Campus, a Latin Jazz Expe- rience at Kendall Campus, CSI at the North Campus, Kids & Teens College, as well as the popular Wild Things Happen, there is something for everyone at our camps," said Amy SEE CAMPS, 375E CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HERERV given that the City Commission of the City of South Miami, Florida will conduct Public Hearings a in regular City Commission meeting scheduled for Tuesday, June 4, 2019. beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled -ADMINISTRATION AND CITY GOVERNMENT", Article III titled "BOARDS AND COMMITTEES", to establish an Audit Committee. An Ordinance amending Section 8A-5 of Chapter RA of the City of South Miami's Code of Ordinances concerning lobbyist registration. ALL interested panics are invited to attend and will be heard. For further infamtatinn, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 296.0105, the City hereby aivises the public that if a pereon decides to appeal any decision made by this Board. Agency nr Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal ism be hmed.