HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: Victoria Mendez, City Attorney
DATE: December 14, 2017
RE: Proposed amendment to Chapter 2/Article VI of the Code of the City of
Miami, Florida, as amended, for the City Commission Meeting on
December 14, 2017
File No. 3152
Honorable Mayor and Members of the City Commission
Chapter 2, Article VI, of the Code of the City of Miami, Florida, as amended ("City
Code"), entitled "Administration/Lobbyists," is being amended to make the City Code
more consistent with the Code of Ordinances for Miami -Dade County, Florida, as
amended. The applicability, definitions, registration and ethics requirements, and
expenditure reporting requirements provisions are being amended.
VM/BLM/XEA
cc: Daniel J. Alfonso, City Manager
Anna Medina, Agenda Coordinator
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025
City of Miami
Legislation
Ordinance
Enactment Number:13718
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3152 Final Action Date: 12/14/2017
Chapter 2, Article VI, of the Code of the City of Miami, Florida, as amended ("City
Code"), entitled "Administration/Lobbyists," is being amended to make the City Code
more consistent with the Code of Ordinances for Miami -Dade County, Florida, as
amended. The applicability, definitions, registration and ethics requirements, and
expenditure reporting requirements provisions are being amended.
VM/BLM/XEA
cc: Daniel J. Alfonso, City Manager
Anna Medina, Agenda Coordinator
WHEREAS, the Miami -Dade County Commission on Ethics and Public Trust in
consultation with the City of Miami ("City") has recommended that the City amend Chapter
2/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), to be consistent
with the minimum standards for Lobbyist registration in Section 2-11.1(s) of the Code of
Ordinances of Miami -Dade County, Florida, as amended; and
WHEREAS, persons appearing before the City Commission, the Mayor, City staff, City
boards, and City committees benefit from having Lobbyist registration requirements that are
more consistent and uniform;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE VI. LOBBYIST
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.
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025
Sec. 2-651. - Applicability.
Notwithstanding any provision in the Code of the City, as amended, to the contrary, the
following Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as
amended ("County Code"), shall be applicable in the City.
Sec. 2-652. - Penalty.
Any person in violation of any provision of this article shall be subject to the penalty as
provided in section 1-13.
Sec. 2-653. - Definitions.
As used in this article:
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
city staff.
anything of value made by a lobbyist or principal for the purpose of lobbying.
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.
Lobbyist means all paid persons, firms, corporations employed or retained by a principal
who seeks to encourage the passage, defeat, or modification of any ordinance, resolution,
of any city board or committee; or any action, decision, or recommendation of the city manager
during the time period of the entire decision making proce-c on such action, decision or
recommendation which foreseeably will be reviewed by the city commission, or a city board or
committee.
Lobbyist also means any member of the staff of the "lobbyist" (as defined hereinabove) who
receives for himself or herself any compensation, remuneration or expenses for conducting
lobbying activities.
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.
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.
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025
Lobbyist does not mean a person who merely appears before the mayor, 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
board or committee; or any action, decision or recommendation of the mayor, city manager or
city staff.
Lobbyist does not mean a person appearing solely to provide factual information requested
by the mayor a member of the city commiccion or a city board!
Principal means the person, firm, corporation, or other entity, whether for profit or nonprofit,
which has retained a lobbyist.
The definitions used in Section 2-11.1(s) of the County Code shall be applicable to this
Article. References in Section 2-11.1 of the County Code to County personnel shall, therefore,
be applicable to City personnel who serve in comparable capacities to the County personnel
referred to therein.
Sec. 2-654. - Registration; ethics; fee; disclosure requirements; log of registered lobbyists;
exemptions from payment of fee; failure to register.
(a) A person may not lobby a City official, a City board member, the City Manager,. or City staff,
until such person has registered as a lobbyist with the City Clerk and submitted a certificate
of completion, of an ethics course provided by the Miami -Dade County Commission on
Ethics Public Trust or the city completed no more than one L year prior to within sixty (60)
days after registering. Such registration shall be due upon initially within five (5) business
days of being retained as a lobbyist by a principal, prior to engaging in any type of lobbying
activityies, and shall be renewed on a yearly basis thereafter. The annual registration fee
for each lobbyist shall be $525.00 as an initial registration fee, plus an additional fee of
$105.00 for each principal represented for each issue lobbied on behalf of any one
principal. The registration fees required by this section shall be deposited by the City Clerk
into a separate account and shall be expended for purposes of recording, transcription,
administration, and/or any other associated costs incurred in maintaining these records for
availability to the public. The city commission may, in its discretion, waive the registration
fee in demonstrated instances of financial hardship. Any person who is required to pay the
registration fee and who is unable to pay the registration fee without imposing an undue
burden on personal resources or on resources otherwise available to him or her shall, upon
written certification of such inability given under oath to the City Clerk, be exempt from
paying the registration fee. Regardless of the date of the initial registration, all lobbyists'
registrations shall expire December 31 of each calendar year, and shall be renewed on a
calendar year basis.
f Each Lobbyist shall, within sixty (60) days after registering as a Lobbyist, submit to the City
Clerk a certificate of completion of an ethics course offered by the Miami -Dade County
Commission on Ethics and Public Trust ("Ethics Course"). Lobbyists who have completed
the initial Ethics Course mandated by the preceding sentence and who have continuously
registered as a Lobbyist thereafter shall be required to complete a refresher Ethics Course
every two (2) years. Each Lobbyist who has completed a refresher Ethics Course shall
submit to the City Clerk a certificate of completion within sixty (60) days after registering as
a Lobbyist.
(b)(c) Within five (5) business days of being retained as a Lobbyist or before engaging in any
lobbying activities, whichever comes first, every -Every person required to register as a
lobbyist shall:
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025
(1) Register on forms prepared by the City Clerk;
(2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each
principal represented and for each issue the lobbyist has been retained to lobby on
behalf of any one principal; and
(3) Disclose, under oath, the following information:
a. Lobbyist's name and business address;
b. Name and business address of each principal represented;
c. The specific issue on which he or she has been retained to lobby; and
d. If the lobbyist represents a corporation, partnership or trust, the name and
business address of the chief officer, partner or beneficiary of the corporation,
partnership or trust and the names and addresses of all persons holding, directly
or indirectly, at least five percent ownership interest in said corporation,
partnership or trust. A separate registration form shall be filed by the lobbyist and
an additional fee of $105.00 shall be paid for each principal represented and for
each issue the lobbyist has been retained to lobby on behalf of any one principal.
Such issue shall be described with as much detail as is practical, including, though
not limited to: a specific description (where applicable) of a pending request for
proposals, invitation to bid, ordinance, resolution, or a given item on the agenda.
The City Clerk or the Clerk's designee shall reject any registration statement which
does not provide a clear description of the specific issue on which such lobbyist
has been retained to lobby. Lobbyists shall register on or before April 1, 1997, and
yearly thereafter, in accordance with the provisions of this section.
(4) Submit a certificate of completion of the Ethics Course as provided under Section 2-
654(b) of the City Code.
(c)(d) In addition, every registrant shall be required to state under oath the existence of any
direct or indirect business association, partnership, or financial relationship with the Mayor,
any member of the City Commission, any member of a City board, the City Manager, or a
member of the City staff before whom he or she lobbies, or intends to lobby.
(d) The City Clerk shall maintain a log, which shall be updated on a quarterly basis by April
15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations
filed in accordance with this section and shall be distributed to the Mayor, an4 the City
Commission, and the City Manager.
(e)La The Mayor, all members of the City Commission, all members of City boards, the City
Manager, and City staff shall be diligent to ascertain that persons required to register
pursuant to this section have complied, by requesting and if necessary, request a record of
compliance from the City Clerk. The Mayor, members of the City Commission, of City
boards, the City Manager,. and City staff may not knowingly permit a person who is not
registered pursuant to this section to lobby.
{-#-}ial Each person who withdraws as a lobbyist for a particular principal shall file an
appropriate notice of withdrawal concerning representation for that principal. There shall be
no fee required for filing a notice of withdrawal.
{-9-}Q The validity of any action or determination of the City Commission or any other City
board or committee shall not be affected by the failure of any person to comply with the
provisions of this section.
(h)Q1 The following persons shall be required to register but will be exempt from paying the
registration fee:
(1) A person who, pursuant to the terms of a collective bargaining agreement, has been
designated and is so recognized by the City as a representative of a collective
bargaining unit composed of City employees;
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025
(2) A person(s) appearing before the commission, committee, or board on behalf of the
or homeowne-sLassoncia n a public interest group a chamber of co me e, or a
merchants' ascoca+inn Those persons identified in Section 2-11.1(s) of the County
Code.
{+}f All registration forms shall be open to the public upon the filing thereof.
Sec. 2-655. - Annual expenditures report.
A lobbyist shall annually submit to the City Clerk's office a signed statement under oath, as
provided herein, listing all lobbying expenditures and the sources from which funds for making
lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to:
meals, entertainment, travel, lodging, and gifts for public officers and employees for the
preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal
expenses for lodging, meals, travel, salary, and office expenses. Such statement of
expenditures for the preceding calendar year, entitled "Annual Expenditures Report" shall be
due on January 15 of each year. Such statement shall be rendered on the form provided by the
City Clerk's office and shall be open to public inspection. Such statement shall be filed, even if
there have been no expenditures during the preceding calendar year. If the Lobbyist had no
expenditures in the preceding calendar year, then he or she shall not be required to submit an
Annual Expenditures Report.
Sec. 2-656. - Advisory opinions.
(a) A lobbyist, when in doubt about the applicability and interpretation of this article in a
particular context, shall submit in writing the facts for an advisory opinion by the City
Attorney. The City Attorney shall render advisory opinions to any lobbyist who seeks advice
as to whether the facts in a particular case would constitute a violation of this section. All
advisory opinions of the City Attorney shall be numbered, dated and furnished to the City
Clerk's and shall be open to public inspection.
(b) The City Clerk's office shall keep all advisory opinions of the City Attorney relating to
lobbyists and lobbying activities, as well as a current list of registered lobbyists and their
respective reports required under this article, all of which shall be open for public
inspection.
Sec. 2-657. - Penalties for violations.
(a) Any lobbyist who fails to file the annual expenditures report by the January 15 deadline
each calendar year shall be subject to a fine of fifty dollars L$2550.00) per day for reports
filed after the due date.
(b) Upon verification of a lobbyist's failure to file the annual expenditures report, the City Clerk
shall notify the lobbyist by certified mail that the annual cxpenditures report Annual
Expenditures Report must be filed within five j business days following receipt of the
notice. The name of any lobbyist who fails to comply with said requirement shall be
automatically removed from the list of active lobbyists. Should said person wish to re-
register as a lobbyist, he/shc he or she shall submit a new registration form accompanied
by a $525.00 registration fee plus any and all outstanding fines accrued prior to re -
registration.
(c) The City Clerk shall submit a report to the City Commission as to those lobbyists who have
failed to comply with registration and/or the annual filing requirement of this section.
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025
Sec. 2-658. - Contingency fees.
No person shall retain or employ a lobbyist for compensation based on a contingency fee,
and no person shall accept any such employment or render any service for compensation
based on a contingency fee.
*„
Section 3. If any section, part of a 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 on January 1, 2018.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 11/6/2017
12/4/2017
City Clerk signed and attested Mayor's signature on 12/22/2017. City Clerk signature was inadvertently
not updated until 12/26/2017. Revision C has the Scrivener's amendment by law department and per
legal opinion, it may be certified instead of revision B.
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 3152 (Revision: C) Printed On: 3/25/2025