HomeMy WebLinkAboutO-12918City of Miami
Legislation
Ordinance: 12918
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00440 Final Action Date: 5/10/2007
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 objection 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 secretary/clerk of the
respective board.
Upon determination by the city commission that the foregoing disclosure requirement was not timely
City of Miami
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File Number: 07-00440 Enactment Number: 12918
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 subject of the request 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.
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.
*I1
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}
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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