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Home My WebLink AboutO-11527J-97-491 7/17/97 ORDINANCE NO. 11527 AN EMERGENCY ORDINANCE AMENDING SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND THE DEFINITION OF A "LOBBYIST" TO MORE SPECIFICALLY. DEFINE WHO SHALL BE CONSIDERED A LOBBYIST; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 20, 1997, the City Commission amended City Code Sections providing regulations concerning Lobbyist, by (1) changing the definition of Lobbyist and registration requirements, (2) establishing fees and disclosure requirements, (3) . providing exemptions from fees, and requiring the City Clerk to maintain a registered lobbyist log, (4) amending and renaming the annual expenditure statement, and (5) setting forth procedures and requirements for compliance of all Lobbyist provision; and WHEREAS, the City Commission finds it necessary to further amend the definition of Lobbyist to more specifically define who shall be considered a "Lobbyist"; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11527 • Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 2-653 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:/ "Sec. 2-653. Definitions. As used in this article: "Compensation" means money or anything of value or financial benefit received in return for . the performance of lobbying activities. "Contingency fee" means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent or in any way contingent on the enactment, defeat, modification, or other outcome of any ordinance, resolution or action of the city commission or any resolution, action, recommendation or decision of any city board or of the city manager or city staff. "Expenditure" means a payment, distribution, -loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying. "Government employee" means any agent of government, whether elected, appointed or hired, paid or unpaid, who is acting on behalf of the United States, the State of Florida, or any agency, political subdivision, special district, county or municipality of the State of Florida. r i'n f R members o f a i'Cy _ en t o enee—eity-e effni s Slam, beards, er eity empleyees, *r ieugh era! e� r} t ^^ ^ } eetkn-i ere , any erdinanee,—reseliatien, deeision er aelEiren of the 1' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 - 11527 eity ee-- er any reselutien, deeisien, -- reeemmendatien of a y e-ity beard er of the e-ity raa -r er e-ity staff. a principal7- who lobbies seeks to encourage the passage, defeat,or modification of .n . on; or any resolution, action, dt-rision or •um-n•. •n of •.. • or •uu -- nr any I oil „-T _-,bb —i stll speeifieally ineludes e f f i ee= er emp l eyee—e f a regardless ef er empleyee. seepe—ef empleyment of sueh agent,effieer "Lobbyist" also means any member of the staff nf the "lobbyist" Jas defined bereinabove) who rer-Pives W�Offi�sxzawz- "-Owe Iwo ZIN - - - - - - NO - "Lobbyist" does not mean an attorney who is a member of the Florida Bar representing a client in enforcement proceedings before the code enforcement board, or before the nuisance abatement board, or disciplinary or grievance proceedings before the civil service board. "Lobbyist" does not mean a city employee when acting in his official capacity, or a city consultant when acting in such capacity. "Lobbyist" does not mean a government employee acting in his/her official capacity. "Lobbyist" does not mean a foreign dignitary appearing in his/her official capacity. - 3 - 11527 "Lobbyist" does not mean a person who owns, publishes or is employed by a newspaper, periodical, radio station, television station or other bona fide news media. "Lobbyist" does not mean a person who merely appears before the city commission, city board or committee, the city manager or city staff in an individual capacity for the purpose of self - representation to express support for or opposition to any ordinance, resolution, decision or action of the city commission; or any resolution, action, recommendation or decision of any city board or committee; or any action, decision or recommendation of the city manager or city staff. "Lobbyist" does not mean a person appearing solely to provide factual information requested by a member of the city commission or a city board. "Principal" means the person, firm, corporation, or other entity, whether for profit or nonprofit, which has retained a lobbyist." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, Florida. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. - 4 - 11527 Section 7. This Ordinance immediately upon its adoption. shall become effective PASSED AND ADOPTED BY TITLE ONLY this 24th day of July . 1997. ATTE T: ALTER OEOIAN CITY CLERK PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY ATTO Y APPROVED AS TO FORM AND CORRECTNESS: A� QTJ11�TN S, I I I CITY ATT 7 Y W338/BSS - 5 - 11527 CITY OF MIAMI, FLORIDA 10 t, INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE : July 16, 1997 FILF-:97-491 of the City Commission SUBJECT: Proposed ordinance to more specifically define "Lobbyist" FROM A. Qugo Jon s, III. REFERENCES City Commission Meeting City rne July 24, 1997 ENCLOSURES: Pursuant to your directive at the July 10, 1997 City Commission Meeting, we have drafted the attached proposed ordinance in order to address the issues raised at said Meeting, specifically to the applicability of the ordinance to certain individuals. We have essentially reverted the definition in this proposed ordinance to the definition previously used by the City which can be more liberally interpreted. BSS:W131 115271 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11529 Inthe ...................... XXXXX....................................... Court, was published in said news per in the issues of Aug 11, 1997a Attiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 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 she has neither paid n romised any person, fir or corporation any discou rebate, commission d fo the purpose of secur• thA advertisers r p licati in the said 11 SwowrlY usubscribed before me t ........da of..... ................. L Y 1 1 NO SEAL ....... NA ~ {j 0 commsslon MBER (SEAL) CC56600 Octelma V. Ferbeyre perso I JcncYd`nt �indAy COMMISSION EXPIRES OF F\- JUNE 23,2000 CITY .OF —�— FLORIDA IIhT/�MI, LEGAL. NOTICE All interested persons will take notice that ori.the 24th day,of July, b997%the. City 'Commission of Miami,. Florida, adopted: the following itled ordinances: ORDINANCE NO AN EMERGENCY ORDINANCE . ENDING SECTION 2- , 653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO 'AMEND, THE .DEEINIT..ION, OF A "LOBBYIST". ' TO MORE • SPECIFICALLY DEFINE WHO SHALL BE. CONSIDERED A .LOBBYIST; CONTAINING A. REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, ORDINANCE NO. 11528 AN •EMERGENCY' ORDINANCE AMENDING SECTION,. 1, SUBSECTIONS V'AND VI OF ORDINANCE -NO. 1.1337, AS_. "'AMENDED, ADOPTED-JANUARY 25, 1996, THE 'CAPITAL - (IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO ESTABLISH TWO. (2) NEW 'CAPITAL IMPROVEMENT PROJECTS: "MIAMARINA DOCKMASTER'S . OFFICE 'RENOVATIONS," PROJECT NO.• 413403 AND 'WATSON ISLAND AVIATION AND VISITORS CENTER," PROJECT NO. 344101 _ AND APPROPRIATING FUNDS FOR SAID ,PROJECTS; CONTAINING A REPEALER PROVISION.AND, -'IA SEVERABILITY CLAUSE.: ORDINANCE NO: 11529 AN` EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,' ADOPTED JULY 18, .1985, AS. AMENDED, ": WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT ,TRUST FUND, RECEIVED AND DEPOSITED PURSUANT , 'TO ORDINANCE' NO. 9257, ADOPTED APRIL 9, 1981,_ THEREBY PROVIDING FOR- AN INCREASE IN THE i AMOUNT -OF $403;708.00; AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN : SAID FUND DUE • TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A.. "REPEALER PROVISION AND SEVERABILITY CLAUSE.:: . ORDINANCE NO. 11530 AN -EMERGENCY ORDINANCE AMENDING SECTION 2-32 OF THE tODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED-, ENTITLED: "TIME: AND PLACE OF MEETING, - THEREBY CHANGING THE REGULAR MEETING DAYS OF THE CITY COMMISSION TO THE SECOND AND D FUUH I H. TUESDAYS. OF EACH MONTH; FURTHER, PROVIDING THAT ALL LAND USE ORDINANCES' PUBLIC HEARINGS, ,,WITH CERTAIN EXCEPTIONS, ARE PERMANENTLY SCHEDULED FOR PUBLIC HEARING PRIOR TO 5:00 P.M.; CONTAINING A REPEALER . PROVISION -AND A. SEVERABILITY CLAUSE; AND PROVIDING RQR AN EFFECTIVE DATE. . "C�r- " ORDINANCE NO 1531�--t -Jf AN ORDINANCE AMENDING CHAPT,ER.22 OF THE CODE }I 'OF THE CITY- Or MIAMI,; FLORIDA, —'AS AMENDED !iTHEREBY'CREATING••A NEW: ARTICLE VI IgTITLED 1r I ;!"DONATION COLLECTION, BINS";,V ;CONTAINING . A.:: --.._ (REPEALER PROVISION AND A SEVERABILITYrCLAUSE ' -PROVIDING FOR I_UsibN.v. IN THE CITY CODE e " 3 r j'-- ORDINANCE NO 11532 tJt AN ORDINANCE AMENDING SECTION..2-33, OF ,THE CODE OF THE CITY OF MIAMI, FLORIDA,-AS AMENDED_ ,ENTITLED: - "ORDER OF BUSINESS AND" RULES. OF i'°PROCEDURE"- TO-.- (1)� LIMIT THE. NUMBER- OF- ITEMS 1� THAT MAY BE SCHEDULED • ON A REGULAR CITY COMMISSION AGENDA TO NO MORE THAN 60 ITEMS, (2). FIX CERTAIN TIMES TO CONCLUDE- PUBLIC INPUT 'AND/OR AGENDA ITEM CONSIDERATION, (3) LIMIT THE NUMBER OF NONSCHEDULED ("POCKET") ITEMS THAT- 4 MAY BE INTRODUCED TO ONE POCKET ITEM FOR EACH i' COMMISSIONER -AND .TWO POCKET ITEMS FOR,THE i CITY MANAGER, AND (4) ESTABLISH PROCEDURES FOR 'THOSE ITEMS REMOVED- FROM THE , CONSENT AGENDA; MORE PARTICULARLY' BY. ADDING NEW SUBPARAGRAPHS (4) (5)' AND (6).TO PARAGRAPH .(c);- "•' AND `AMENDING PARAGRAPHS_(e) AND (i). OF SAID SECTION; CONTAINING A- REPEALER• PROVISION, - •A ;SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11533 AN, . ORDINANCE AMENDING SECTIONS ll:.AND 'VI'OF CAPITAL IMPROVEMENTS - ORDINANCE NO. - 11337, AS,/ AMENDED, ADOPTED JANUARY 25,1996;.ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING. FISCAL YEAR 1996-1997; CONTAINING. A REPEALER- PROVISION AND A SEVERABILITY CLAUSE AND PRQ\IPiN6,FOWAN'EFFE6t(VF--6ATE� ORDINANCE NO; 1 ' 1534 AN. 'ORDINANCE. -ESTABLISHING- A*ItW -SPECIAL -"DADE COUNTY EMS'GRMT. REVENUE FOND ENTITLED: AWARD (FY '96-'0):-ANb'. APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TbTAC,'AIvlbt_IN $444,098. '60;" CONSISTINGOF *.A' $148,989.00 'GRANT APPORTIONED BY METROPOLITAN DADE COUNTY-- JI FROM THE STATE OF, FLORIDA . DtPARrMENTt OF HEALTH AND, REHABILITATIVE SERVICES 'PROGRAM FOR COUNTIES," -AND $295,109-00 I"GRANT N CARRY-- 11 OVER FUND BALANCE FROM PREVIOUS -,'EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER ACCEPT SAID GRANT AWARD ANDJO. EXECUTE'T-TO—' H,E'-_-_ NECESSARY. DOCUMENTS, IN'A FORM ACCEPTABLE TO THE.CITY:, ATTORNEY, - FOR--: SAID 4,-i- PURPOSE: 'LER. PROVISION-_AND,-,'ASEVERABILITY -- ,CONTAINING AI�',REPEA CLAUSE. ORDINANCE NO.'11535. AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 11337, AS AMENDED, :ADOPTED,jANUARY, 25,:1996, -THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY ESTABLISHING X NEW CAPITAL IMPROVEMENT 'PROJECT ::NO. .313238,, ENTITLED: "EMERGENCY 'OPERATION CENTER-," -FOR -. THE - DEPARTMENT FIRE -RESCUE, TO BEGINDURING.. FISCAL, .YEAR: 1996-97; APPROPRIATING 'FUNDS. FOR - - SAID PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE ORDINANCE NO. 1,11536t,- AN -EMERGENCY* ORDINANCE ESTABLISHING 'A':NEW 'SPECIAL REVENUE . FUND 'ENTITLED: - `PY- :497,,, WAGESIJTPA JOB TRAINING :AND- EMPLOYMENT FOR WAGES- PARTICIPANTS" AND APPROPRIATING FUNDS FOR THE OPERATION OF' -THE. PROGRAM., IN THE AMOUNT OF: $422,575: FROM THE STATE -OF FLORIDA WORK AND GAIN ECONOMIC- - SELF-SUFFICIENCY (WAGES), GRANT AWARD;• AUTHORIZING THE, CITY MANAGER .. TO," EXECUTE , THE NECESSARY AGREEMENTS_ IN A FORM ACCEPTABLE TO THE CITY - ATTORNEY, WITH THE -SOUTH -FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFECTC) FOR.. THE ACCEPTANCE . OF'. SAID. GRANT; CONTAINING -A REPEALER PROVISION AND'A SEVERABILITY CLAUSE;. -PROVIDING FOR AN EFFECTIVE DATE. --Said ordinances may be inspected by the public at the Office of the jity. Clerk, 3500 Pan Americari. Drive; Miami, Florida, Monday through Friday, excluding holidays, between the hours of-8 a.m. and 5 P;M.-,.' WALTER,J. FOEMAN CITY CLERK, (#4700): 8/11 97-4-081180M 7-- I Tj -aj C� > 9f