HomeMy WebLinkAboutR-07-0130City of Miami
Legislation
Resolution: R-07-0130
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00300a Final Action Date: 3/8/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING EACH PERSON
OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE
CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES,
COUNCILS OR COMMITTEES TO DISCLOSE, AT THE COMMENCEMENT (OR
CONTINUANCE) OF THE PUBLIC HEARING(S), ANY CONSIDERATION
PROVIDED OR COMMITTED, DIRECTLY OR ON ITS BEHALF, FOR AN
AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED
APPROVAL, RELIEF OR ACTION; PROVIDING FOR PENALTIES FOR NON
DISCLOSURE.
WHEREAS, it is in the best interest of the City of Miami and its residents that, prior to making a
decision on any request for approval, relief or other action, the City Commission or the applicable
board, authority, agency or council to which the request is addressed be aware of any consideration
provided or committed in exchange for an agreement to support or to withhold objection;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission requires each person or entity requesting approval, relief
or other action from the City Commission or any of its boards, authorities, agencies, councils or
committees concerning any issue, shall disclose, at the commencement (or continuance) of the
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any
entity or person for an agreement to support or withhold objection to the requested approval, relief or
action.
Section 3. The disclosure shall (i) be in writing, (ii) indicate to whom the consideration has been
provided or committed, (iii) generally describe the nature of the consideration, (iv) describe what is
being requested in exchange for the consideration; and (v) be read into the record by the requesting
person or entity prior to submission to the secretary/clerk of the respective board.
Section 4. Upon determination by the City Commission that the foregoing disclosure requirement
was not timely satisfied by the person or entity requesting approval, relief or other action as provided
(i) the application or order, as applicable, shall be deemed void without further force or effect, and (ii)
no application from said person or entity for the same issue shall be reviewed or considered by the
applicable board(s) until expiration of a period of one year after the nullification of the application or
order.
Section 5. "Consideration" shall be defined to include any gift, payment, contribution, donation,
City of Miami
Page 1 of 2 File Id: 07-00300a (Version: 1) Printed On: 3/20/2017
File Number: 07-00300a Enactment Number: R-07-0130
fee, commission, promise or grant of any money, property, service, credit or financial assistance of
any kind or value, whether direct or implied, or any promise or agreement to provide any of the
foregoing in the future.
Section 6. It shall be unlawful to employ any device, scheme or artifice to circumvent the
disclosure requirements of this section and such circumvention shall be deemed a violation of the
disclosure requirements of this section.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effectivE
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 07-00300a (Version: 1) Printed On: 3/20/2017