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City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00440 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2,
ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/IN GENERAL," BY ADDING A NEW SECTION
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),
THE DETAILS OF 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 DEFINITIONS AND PENALTIES FOR NON
DISCLOSURE; CONTAINING A SEVERABILITY CLAUSE; A REPEALER
PROVISION AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 2, Article I, of the Code of the City of Miami, Florida, as amended, entitled:"
Administration/In General," is amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
* * *
ARTICLE I. IN GENERAL
* * *
Sec. 2-xxx. Each person* or entity requesting approval, relief or other action from the city
commission or any of its boards, authorities, agencies, councils or committees regarding any
issue, shall disclose, at the commencement (or continuance) of the public hearing on the
issue, any consideration provided or committed, directly or on its behalf. for an agreement to
support or withhold obiection to the requested approval, relief or action.
The disclosure shall (i) be in writing, (ii) indicate to whom the consideration has been
provided or committed, (iii) describe the nature of the consideration, and specify the amount
of any funds paid or committed (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 secretarv/clerk of the respective board.
Upon determination by the city commission that the foregoing disclosure requirement was not
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File Number: 07-00440
timely satisfied by the person or entity requesting approval, relief or other action as provided
above, then (i) the application or order, as applicable, shall immediately be void without
further force or effect, and (ii) no application from said person or entity for the subiect of the
request shall be reviewed or considered by the applicable boards) until expiration of a period
of one year after the nullification of the application or order.
The validity of any action or determination of the city commission or any of its boards,
authorities, agencies, councils or committees shall not be affected by the failure of any
person or entity to comply with the provisions of this section unless a challenge is presented
to the city commission or any of its boards, authorities, agencies, councils or committees at
the first regularly scheduled meeting of such board authority agency, council or committee
following the date such violation of the disclosure requirement is alleged to have occurred.
"Consideration" shall be defined to include any gift, payment, contribution, donation, 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.
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.
The provisions of this Article shall not apply to or affect individuals retained or employed by a
principal as lobbyist as defined in Sec. 2-653.
Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. if any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
RGE L. ERNANDEZ
CITY ATTORNEY
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File Number: 07-00440
Footnotes:
{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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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