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Miami - Dade County, FL Code of Ordinances
Sec. 2-11.1. - Conflict of Interest and Code of Ethics Ordinance.
(a) Designation. This section shall be designated and known as the "Miami -Dade County Conflict of
Interest and Code of Ethics Ordinance." This section shall be applicable to all County personnel as
defined herein, and shall also constitute a minimum standard of ethical conduct and behavior for all
municipal officials and officers, autonomous personnel, quasi-judicial personnel, advisory personnel,
departmental personnel and employees of municipalities in the County insofar as their individual
relationships with their own municipal governments are concerned. References in the section to
County personnel shall therefor be applicable to municipal personnel who serve in comparable
capacities to the County personnel referred to. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-27, § 1, 3-
20-73)
(b) Definitions. For the purposes of this section the following definitions shall be effective.
(1) The term "Commissioners" shall refer to the Mayor and the members of the Board of County
Commissioners as duly constituted from time to time.
(2) The term "autonomous personnel" shall refer to the members of semi -autonomous authorities,
boards, and agencies as are entrusted with the day to day policy setting, operation and
management of certain defined County functions or areas of responsibility, even though the
ultimate responsibility for such functions or areas rests with the Board of County Commissioners.
(3) The term "quasi-judicial personnel" shall refer to the members of the Community Zoning Appeals
Board and such other boards and agencies of the County as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those County advisory boards and
agencies whose sole or primary responsibility is to recommend legislation or give advice to the
Board of County Commissioners.
(S) The term "departmental personnel" shall refer to the Manager, his or her department heads, the
County Attorney and all Assistant County Attorneys.
(6) The term "employees" shall refer to all other personnel employed by the County.
(7) The term "compensation" shall refer to any money, gift, favor, thing or value or financial benefit
conferred in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, to ten (10)
percent or more of the outstanding capital stock in any corporation or a direct or indirect interest
of ten (10) percent or more in a firm, partnership, or other business entity.
(9) The term "immediate family" shall refer to the spouse, domestic partner, parents, stepparents,
children and stepchildren of the person involved.
(10) The term "transact any business" shall refer to the purchase or sale by the County of specific
goods or services for a consideration.
(11) The term "Ethics Commission" shall refer to the Miami -Dade County Commission on Ethics and
Public Trust.
(12) The term "domestic partner" shall mean a person who is a party to a valid domestic partnership
relationship as described in section 11 A-7.2 b)(1),(2), (3), (4.) and (6) of the Code.
(13) The term "contract staff' shall mean any employee and/or principal of an independent
contractor, subcontractor (of any tier), consultant or sub -consultant (of any tier), designated in a
contract with the County as a person who shall be required to comply with the provisions of
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Subsections 2-11.1(g), (h), Q), (1), (m), (n) and (o) of the Conflict of interest and Code of Ethics
Ordinance, Prior to determining whether to designate a personas contract staff in a RFP, RFQ, bid
or contract, the Mayor or his or her designee shall seek a recommendation from the Executive
Director of the Ethics Commission.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-23, § 1, 3-20-73; Ord. No. 86-24, § 3, 4-1-86; Ord. No. 10-48, § 1,
7-8-10)
(c) Prohibition on transacting business within the County.
(1) No person included in the terms defined in subsection (b)(1) through (6) and in subsection (b)(9)
shall enter into any contract or transact any business, except as provided in subsections (c)(2)
through (c)(6) in which he or she or a member of his or her immediate family has a financial
interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -
Dade County, and any such contract, agreement or business engagement entered in violation of
this subsection shall render the transaction voidable. Willful violation of this subsection shall
constitute malfeasance in office and shall effect forfeiture of office or position.
(2) County employees` limited exclusion from prohibition on contracting with the county.
Notwithstanding any provision to the contrary herein, subsections (c) and (d) shall not be
construed to prevent any employee as defined by subsection (b)(6) [excluding departmental
personnel as defined by subsection (b)(5)] or his or her immediate family as defined by
subsection (b)(9) from entering into any contract, individually or through a firm, corporation,
partnership or business entity in which the employee or any member of his or her immediate
family has a controlling financial interest, with Miami -Dade County or any person or agency acting
for Miami -Dade County, as long as (1) entering into the contract would not interfere with the full
and faithful discharge by the employee of his or her duties to the County, (2) the employee has
not participated in determining the subject contract requirements or awarding the contract, and
(3) the employee's job responsibilities and job description will not require him or her to be
involved with the contract in any way, including, but not limited to, its enforcement, oversight,
administration, amendment, extension, termination or forbearance. However, this limited
exclusion shall not be construed to authorize an employee or his or her immediate family
member to enter into a contract with Miami -Dade County or any person or agency acting for
Miami -Dade County, if the employee works in the county department which will enforce, oversee
or administer the subject contract.
(3) Limited exclusion from prohibition on autonomous personnel, advisory personnel and quasi-
judicial personnel contracting with county. Notwithstanding any provision to the contrary herein,
subsections (c) and (d) shall not be construed to prohibit any person defined in subsection (b)(2),
(b)(3) and (b)(4) from entering into any contract, individually or through a firm, corporation,
partnership or business entity in which the board member or any member of his or her
immediate family has a controlling financial interest, with Miami -Dade County or any person or
agency acting for Miami -Dade County. However, any person defined in subsection (b)(2), (b)(3)
and (b)(4) is prohibited from contracting with any agency or department of Miami -Dade County
subject to the regulation, oversight, management, policy -setting or quasi-judicial authority of the
board of which the person is a member.
(4) Any person defined in subsections (b)(2) through (b)(4) and subsection (b)(6) shall seek a conflict
of interest opinion from the Miami -Dade County Commission on Ethics and Public Trust ("the
Ethics Commission") prior to submittal of a bid, response, or application of any type to contract
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with the County by the person or his or her immediate family. A request for a conflict of interest
opinion shall be made in writing and shall set forth and include all pertinent facts and relevant
documents. If the Ethics Commission finds that the requirements of this section pertaining to
exclusions for persons defined in subsections (b)(2) through (b)(4) and subsection (b)(6) are not
met and that the proposed transaction would create a conflict of interest, the person defined in
subsections (b)(2), (b)(3), (b)(4) or (b)(6) may request a waiver from the Board of County
Commissioners within ten (10) days of the Ethics Commission opinion by filing a notice of appeal
to the Ethics Commission. The Ethics Commission shall forward the notice of appeal and its
opinion and any pertinent documents to the Clerk of the Board of County Commissioners (the
"Clerk") forthwith. The Clerk shall place the request on the commission agenda for consideration
by the Board. The Board of County Commissioners may grant a waiver upon an affirmative vote
of two-thirds (2/3) of the entire Board of County Commissioners, after public hearing, if it finds
that the requirements of this ordinance pertaining to the exclusion for a County employee from
the Code have been met and that the proposed transaction will be in the best interest of the
County. The Board of County Commissioners may, as provided in subsection (c)(6), grant a waiver
to any person defined in subsection (b)(2) through (b)(4) regarding a proposed transaction. Such
findings shall be included in the minutes of the board. This subsection shall be applicable only to
proposed transactions, and the Board may in no case ratify a transaction entered into in violation
of this subsection.
If the affected person or his or her immediate family member chooses to respond to a solicitation
to contract with the County, such person shall file with the Clerk a statement in a form
satisfactory to the Clerk disclosing the person's interest or the interest of his or her immediate
family in the proposed contract and the nature of the intended contract at the same time as or
before submitting a bid, response, or application of any type to contract with the County. Along
with the disclosure form, the affected person shall file with the Clerk a copy of his or her request
for an Ethics Commission opinion and any opinion or waiver from the Board. Also, a copy of the
request for a conflict of interest opinion from the Ethics Commission and any opinion or waiver
must be submitted with the response to the solicitation to contract with the County.
Notwithstanding any provision herein to the contrary, the County and any person or agency
acting for Miami -Dade County shall not award a contract to any person defined. in subsections (b)
(2) through (b)(4) and subsection (b)(6) or his or her immediate family individually or through a
firm, corporation, partnership or business entity in which the person or any member of his or her
immediate family has a controlling financial interest, unless the Ethics Commission has rendered
an opinion that entering the contract would not be a conflict of interest or the Board waives the
conflict in accordance with the provisions of this ordinance.
The County Manager is directed to include language in all solicitations for county contracts
advising persons defined in subsections (b)(2) through (b)(4) and subsection (b)(6) of the
applicable conflict of interest code provisions, the provisions of this ordinance, including the
requirement to obtain an Ethics Commission opinion and make disclosure, and the right to seek a
legal opinion from the State of Florida Ethics Commission regarding the applicability of state law
conflict of interest provisions.
(5) Nothing herein shall prohibit or make illegal (1) the payment of taxes, special assessments or
fees for services provided by County government; (2) the purchase of bonds, anticipation notes
or other securities that may be issued by the County through underwriters or directly from time
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to time; (3) the participation of the persons included in the terms defined in subsection (b)(1)
through (6), except for employees of the general services administration and their "immediate
family" as defined in (b)(9), in the public auction process utilized bythe County for the disposal of
surplus motor vehicles; (4) the purchase of surplus personal property, pursuant to administrative
order, by persons defined in subsection (b)(1) through (6) and (9); (5) an application for direct
assistance from the Miami -Dade County Department of Housing and Urban Development or an
application to participate in a program administered by the Department of Special Housing has
been submitted by an applicant who is a County person as defined in subsection (b) and who
would but for this section be eligible for such assistance from said department; provided,
however, that the exception provided in this paragraph shall not extend to an employee of the
Miami -Dade County Department of Housing and Urban Development or the Department of
Special Housing who participates in the administration of said programs; or (6) and application to
participate in a single-family mortgage loan program sponsored by the Housing Finance Authority
of Miami -Dade County, has been submitted by a County person as defined in subsection (b), and
would but for this section be eligible for participation in said program; provided, however, that
the exception provided in this paragraph shall not extend to an employee of the Miami -Dade
County Finance Department who participates in the administration of said single-family mortgage
loan program.
(6) Extension of waiver to county commissioners, autonomous personnel, quasi-judicial personnel,
and advisory personnel. The requirements of this subsection may be waived for a particular
transaction only by affirmative vote of two-thirds of the entire Board of County Commissioners,
after public hearing. Such waiver may be affected only after findings by two-thirds of the entire
Board that:
(1) An open -to -all sealed competitive bid has been submitted by a County person as defined in
subsection (b)(2), (3) and (4), or
(2) The bid has been submitted by a person or firm offering services within the scope of practice
of architecture, professional engineering, or registered land surveying as defined by the laws
of the State of Florida and pursuant to the provisions of the Consultants' Competitive
Negotiation Act, and when the bid has been submitted by a County person defined in
subsection (b)(2), (3) and (4), or
(3) The property or services to be involved in the proposed transaction are unique and the
County cannot avail itself of such property or services without entering a transaction which
would violate this subsection but for waiver of its requirements, or
(4) That the property or services to be involved in the proposed transaction are being offered to
the County at a cost of no more than 80 percent of fair market value based on a certified
appraisal paid for by the provider, and
(5) That the proposed transaction will be to the best interest of the County.
Such findings shall be spread on the minutes of the Board. This subsection shall be applicable only to
prospective transactions, and the Board may in no case ratify a transaction entered in violation of this
subsection,
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to
amend or repeal any other law pertaining to the same subject matter. (Ord. No. 72-82, § 1, 11-21-72; Ord,
No. 73-24, § 1, 3-20-73; Ord. No. 73-45, § 1, 5-1-73; Ord. No. 75-91, § 1, 11-4-75; Ord, No. 75-119, § 1, 12-16-
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75; Ord, No. 79-85, § 1, 10-16-79; Ord. No. 80-33, § 1, 5-6-80; Ord, No, 85-84, § 1, 10-1-85; Ord. No. 85-98, §
1, 11-5-85; Ord. No. 87-58, § 1, 9-1-87; Ord. No. 88-102, § 1, 10-18-88; Ord. No, 91-113, § 1, 10-1-91; Ord.
No. 00-1, § 1, 1-13-00; Ord. No. 00-151, § 1, 11-28-00)
(d) Further prohibition on transacting business with the County. No person included in the terms defined in
subsections (b)(1) through (6) and in subsection (b)(9) shall enter into any contract or transact any
business through a firm, corporation, partnership or business entity in which he or any member of his
immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or
any person or agency acting for Miami -Dade County, and any such contract, agreement or business
engagement entered in violation of this subsection shall render the transaction voidable. The
remaining provisions of subsection (c) will also be applicable to this subsection as though
incorporated herein by recitation.
Additionally, no person included in the term defined in subsection (b)(1) shall vote on or participate in
anyway in any matter presented to the Board of County Commissioners if said person has any of the
following relationships with any of the persons or entities which would be or might be directly or indirectly
affected by any action of the Board of County Commissioners: (i) officer, director, partner, of counsel,
consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or creditor, if in any
instance the transaction or matter would affect the person defined in subsection (b)(1) in a manner
distinct from the manner in which it would affect the public generally. Any person included in the term
defined in subsection (b)(1) who has any of the above relationships or who would or might, directly or
indirectly, profit or be enhanced by the action of the Board of County Commissioners shall absent himself
or herself from the Commission meeting during the discussion of the subject item and shall not vote on or
participate in anyway in said matter. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-45, § 2, 5-1-73; Ord. No.
86-11, § 1, 2-18-86; Ord. No. 86-24, § 1, 4-1-86)
(e) Gifts.
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the
form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other
form, without adequate and lawful consideration. Food and beverages consumed at a single
sitting or meal shall be considered a single gift, and the value of the food and beverage provided
at that sitting or meal shall be considered the value of the gift.
(2) Exceptions. The provisions of subsection (e)(1) shall not apply to:
a. Political contributions specifically authorized by State law;
b. Gifts from relatives or members of one's household;
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of
an advertising nature;
e. Gifts solicited by County employees or departmental personnel on behalf of the County in
the performance of their official duties for use solely by the County in conducting its official
business;
f. Gifts solicited by Commissioners on behalf of the County in the performance of their official
duties for use solely by the County in conducting.its officlal business;
g. Gifts solicited by Commissioners, or their staff members, on behalf of any nonprofit
organization for use solely by that organization where neither the Commissioner, nor his or
her staff receives any compensation as a result of the solicitation. As used in this subsection,
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a "nonprofit organization" shall mean any entity described in section 5.01(c)(3) of the Internal
Revenue Code (the "Code") that is tax exempt under section 501(a) of the Code. As used in
this subsection, "compensation" means any money, gift, favor, political contribution, thing of
value or other financial benefit.
(3) Prohibitions. A person described in subsection (b)(1) through (6) shall neither solicit nor demand
any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person
included in the term defined in subsection (b)(1) through (6) or for any person included in the
term defined in subsection (b)(1) through (6) to accept or agree to accept from another person or
entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken;
b. A legal duty performed or to be performed, or which could be performed; or
c. A legal duty violated or to be violated, or which could be violated by any person included in
the term defined in subsection (b)(1).
(4) Disclosure. Any person included in the term defined in subsection (b)(1) through (6) shall disclose
as provided herein any gift, or series of gifts from any one person or entity, having a value in
excess of one hundred dollars ($100.00). Said disclosure shall be made by filing a copy of the
disclosure form required by Chapter 112, Florida Statutes, for "local officers" with the Clerk of the
Board of County Commissioner simultaneously with the filing of the form with the Secretary of
State.
(Ord, No. 78-82, § 1, 11-21-72; Ord, No. 86-25, § 1, 4-1-86; Ord. No. 87-70, § 1, 10-20-87; Ord. No. 91-62, § 1,
6-4-91; Ord. No. 99-124, § 1, 2-11,1; Ord. No. 99-145, § 1, 10-19-99; Ord. No. 10-48, § 1, 7-8-10)
(f) Compulsory disclosure by employees of firms doingbusiness with the County. Should any person included
in the terms defined in subsections (b)(1) through (6) be employed, either himself or herself or
through a member of his or her immediate family, by a corporation, firm, partnership or business
entity in which he or she does not have a controlling financial interest, and should the said
corporation, firm, partnership or business entity have substantial business commitments to or from
the County or any County agency, or be subject to direct regulation by the County or a County agency,
then said person shall file a sworn statement disclosing such employment and interest with the Clerk
of the Circuit Court in and for Miami -Dade County.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 10-48, § 1, 7-8-10)
(g) Exploitation of official position prohibited. No person included in the terms defined in .subsection (b)(1)
through (6) and (b)(13) shall use or attempt to use his or her official position to secure special
privileges or exemptions for himself or herself or others except as may be specifically permitted by
other ordinances and resolutions previously ordained or adopted or hereafter to be ordained or
adopted by the Board of County Commissioners.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 10-48, § 1, 7-8-10)
(h) Prohibition on use of confidential information. No person included in the terms defined in subsection
(b)(1) through (6) and (b)(13) shall accept employment or engage in any business or professional
activity which he or she might reasonably expect would require or induce him or her to disclose
confidential information acquired by him or her by reason of his or her official position, nor shall he
or she in fact ever disclose confidential information garnered or gained through his or her official
position with the County, nor shall he or she ever use such information, directly or indirectly, for his or
her personal gain or benefit.
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(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 10-48, § 1, 7-8-10)
(i) Financial disclosure.
(1) All persons and firms included within subsections (a) and (b)(2),(3) and (4) of this section shall file,
no later than 12:00 noon of July 1 st of each year including the July 1 st following the last year that
person is in office or held such employment, one (1) of the following:
a. A copy of that person's or firm's current federal income tax return; or
b. A current certified financial statement on a form of the type approved for use by State or
national banks in Florida listing all assets and liabilities having a value in excess of one
thousand dollars ($1,000.00) and a. short description of each; or
c. An itemized source of income statement, under oath and on a form approved by the County
for said purpose.
Compliance with the financial disclosure provisions of Chapter 112 (Part III), Florida Statutes, as
amended, or with the provisions of Article Il, Section 8 of the Florida Constitution, as amended by
the voters on November 2, 1970, and any general laws promulgated thereunder, shall constitute
compliance with this section.
(2) County and municipal personnel. The following County personnel shall comply with the filing
requirements of subsection (i)(1) above: The Mayor and members of the Board of County
Commissioners; County Attorney and Assistant County Attorneys; County Manager; Assistant
County Manager(s); Special Assistant(s) to the County Manager; heads or directors of County
departments and their assistant or deputy department heads; employees of the Miami -Dade
Police with the rank of captain, major and chief, Building and Zoning Inspectors. References
herein to specified County personnel and Boards shall be applicable to municipal personnel and
Boards that serve in comparable capacities to the County personnel and Boards referred to.
(3) Candidates for County and municipal office. All candidates for County and municipal elective
office shall comply with the filing requirements of subsection (i)(1) above at the same time that
candidate files qualifying papers.
(4) Consultants. All persons or firms providing professional services as defined by Section.2-10.4(1)
(a) and (b) of the Code of Miami -Dade County, to Miami -Dade County or any municipalities, their
agencies, or instrumentalities, shall comply with the filing requirements of subsection (i)(1) above
within ninety (90) days of the effective date hereof. Ail persons or firms subsequent to the
effective date of this section, which engage in competitive negotiation with Miami -Dade County or
any of its municipalities, their agencies or instrumentalities under and pursuant to Section 2-10.4
of the Code of Miami -Dade County shall comply with the reporting requirements of subsection (1)
(1) of this section within thirty (30) days of execution of a contract arising out of said competitive
negotiations and prior to any payments from said County, municipalities or other agencies or
instrumentalities. Failure to comply with the terms hereof by such persons or firms shall render
existing contracts voidable and shall automatically void any contracts negotiated and executed
subsequent to the effective date of this section where the required information is not furnished
within thirty (30) days of the execution of said contract as noted herein.
(S) Reports; filing. All documents required to be filed hereunder by County persons or consultants
shall be filed with the supervisor of elections. Documents required to be filed hereunder by
municipal persons or consultants shall be filed with the municipal Clerk of that entity.
(0)
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Public disclosure. All documents filed pursuant to this subsection shall constitute public records
within the meaning of Chapter 119, Florida Statutes.
(7) Construction. The construction of this subsection shall be considered as supplemental to and not
in substitution of any requirements of Chapter 112, Florida Statutes, or any rules and regulations
promulgated thereunder.
(Ord. No. 77-13, § 1, 3-1-77; Ord. No. 83-18, § 1, 4-19-83; Ord. No. 84-39, § 1, 5-15-84)
6) Conflicting employment prohibited No person included in the terms defined in subsections (b)(1)
through (6) and (b)(13) shall accept other employment which would impair his or her independence of
judgment in the performance of his or her public duties.
(Ord, No, 72-82, § 1, 11-21-72; Ord. No. 77-13, § 2, 3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(k) Prohibition on outside employment.
(1) No person included in the terms defined in subsections (b)(5) [departmental personnel] and (6)
[employees] shall receive any compensation for his or her services as an officer or employee of
the County, from any source other than the County, except as may be permitted by Section 2-11
of this Code of Ordinances..
(2) All full-time County and municipal employees engaged in any outside employment for any
person, firm, corporation or entity other than Miami -Dade County, or the respective municipality,
or any of their agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done pursuant to same and any
amount or types of money or other consideration received by the employee from said outside
employment. Said County employee's reports shall be filed with the supervisor of elections no
later than 12:00 noon on]uly 1st of each year, including the]uly 1st following the last year that
person held such employment. Municipal employee reports shall be filed with the Clerk of their
respective municipalities. Said reports shall be available at a reasonable time and place for
inspection by the public. The County Manager or any city manager may require monthly reports
from individual employees or groups of employees for good cause.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 3, 3-1-77; Ord. No. 77-79, § 1, 1-11-77; Ord. No. 77-87, § 1,
12-6-77; Ord. No. 83-18, § 2, 4-1983; Ord. No. 84-39, § 2, 5-15-84; Ord. No. 10-48, § 1, 7-8-10)
(1) Prohibited investments. No person included in the terms defined in subsections (b)(1) through (6) and
(b)(13) shall have personal investments in any enterprise, either himself, herself, or through a
member of his or her immediately family, which will create a substantial conflict between his or her
private interests and the public interest,
(Ord, No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(m) Certain appearances and payment prohibited.
(1) No person included in the terms defined in subsections (b)(1), (5), (6) and (13) [commissioners,
the Mayor, departmental personnel, employees and contract staff] shall appear before any
County Board or agency and make a presentation on behalf of a third person with respect to any
license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit
sought by the third person. Nor shall such person receive compensation, directly or indirectly or
in any form, for services rendered to a third person, who has applied for or is seeking some
benefit from the County or a County agency, in connection with the particular benefit sought by
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the third person. Nor shall such person appear in any court or before any administrative tribunal
as counsel or legal advisor to a party who seeks legal relief from the County or a County agency
through the suit in question.
(2) No person included in the terms defined in subsections (b)(2), (3) and (4) [autonomous personnel,
quasi-judicial personnel, and advisory personnel] shall appear before the County board or
agency on which he or she serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any license, contract, certificate, ruling,
decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
such person receive compensation, directly or indirectly or in any form, for services rendered to a
third party, who has applied for or is seeking some benefit from the County board or agency on
which such person serves, in connection with the particular benefit by the third party. Nor shall
such person appear in any court or before any administrative tribunal as counsel or legal advisor
to a third party who seeks legal relief from the County board or agency on which such person
serves through the suit in question, However, this section shall not prohibit an architect serving
without compensation on the Miami -Dade County Board of Energy Regulation or on any
architectural Board, whose sole function is to pass on the aesthetics of plans submitted, from
submitting plans on behalf of a client so long as such member makes known his or her
representation of the applicant and disqualifies himself or herself from speaking or voting or
otherwise participating on such application.
(Ord. No. 72-82,§ 1, 11-21-72; Ord. No. 73-25, § 1, 3-20-73; Ord, No. 73-51,§ 1, 5-15-73; Ord. No. 77-13, § 4,
3-1-77; Ord. No. 79-39, § 1, 6-19-79; Ord. No. 10-48, § 1, 7-8-10)
(n) Actions prohibited when financial interests involved. No person included in the terms defined in
subsections (b)(1) through (6) and (b)(13) shall participate in any official action directly or indirectly
affecting a business in which he or any member of his immediate family has a financial interest. A
financial interest is defined as a special financial interest, direct or indirect, as that term is used in
Section 4.03 of the County's Charter; or as a financial interest as defined in Section 769 of the
Restatement of the Law of Torts as an investment or something in the nature of an investment. This
section shall not prohibit any official, officer, employee or person from taking official action (1) to
promote tourism or downtown development or redevelopment within the County or any portion
thereof, or (2) to authorize the expenditure of public funds for promoting tourism or downtown
development or redevelopment, so long as no such authorized public funds are to be paid to such
person or a member of his or her immediate family or any business in which he or she or any
member of his or her immediate family has a financial interest.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-50, § 1, 5-15-73; Ord. No. 75-76, § 1, 9-17-75; Ord. No. 77-13, § 4,
3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(o) Acquiringfrnancial interests. No person included in the terms defined in subsections (b)(1) through (6)
and (b)(13) shall acquire a financial interest in a project, business entity or property at a time when he
or she believes or has reason to believe that the said financial interest will be directly affected by his
or her official actions or by official actions by the County or County agency of which he or she is an
official, officer, employee or contract staff.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(p)
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Recommending professional services. No person included in the terms defined in subsections (b)(1)
through (6) may recommend the services of any lawyer or law firm, architect or architectural firm,
public relations firm, or any other person or firm, professional or otherwise, to assist in any
transaction involving the County or any of its agencies, provided that such recommendation may
properly be made when required to be made by the duties of office and in advance at a public
meeting attended by other County officials, officers or employees,
(Ord. No. 72-82,§ 1, 11-21-72; Ord. No. 77-13, §4, 3-1-77)
(q) Continuing application after county service.
(1) No person who has served as an elected county official, i.e., mayor, county commissioner, or a
member of the staff of an elected county official, or as county manager, senior assistant to the
county manager, department director, departmental personnel or employee shall, for a period of
two (2) years after his or her county service or employment has ceased, lobby any county officer,
departmental personnel or employee in connection with any judicial or other proceeding,
application, RFP, RFQ, bid, request for ruling, or other determination, contract, claim, controversy,
charge, accusation, arrest or other particular subject matter in which Miami -Dade County or one
(1) of its agencies or instrumentalities is a party or has any interest whatever, whether direct or
indirect. Additionally, no person who has served as a community council member shall, for a
period of two (2) years after his or her county service or employment has ceased, lobby, with
regard to any zoning or land use issue, any county officer, departmental personnel or employee
in connection with any judicial or other proceeding, application, request for ruling, or other
determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which Miami -Dade County or one (1) of its agencies or instrumentalities is a party or has
any interest whatever, whether direct or indirect. Nothing contained in this Subsection (q)(1) shall
prohibit any individual included within the provisions of this subsection from submitting a routine
administrative request or application to a county department or agency during the two-year
period after his or her county service has ceased.
(2) The provisions of this Subsection (q) shall not apply to officials, departmental personnel or
employees who become employed by governmental entities, 501(c)(3) non-profit entities or
educational institutions or entities, and who lobby on behalf of such entities in their official
capacities.
(3) The provisions of this section shall apply to all individuals as described in Subsection (q)(1) who
leave the county after the effective date of the ordinance from which this section derives.
(4) Any former county officer, departmental personnel or employee who has left the county within
two (2) years prior to the effective date of this ordinance and has entered into a lobbying contract
prior to the effective date of this ordinance shall, for a period of two (2) years after his or her
county service or employment has ceased, comply with Subsection (q) as it existed prior to the
effective date of the ordinance from which this section derives and as modified by this Subsection
(q)(4) when lobbying pursuant to said contract. No former county officer, departmental personnel
or employee who has left the county within two (2) years prior to the effective date of the
ordinance from which this section derives shall for a period of two (2) years after his or her
county service or employment has ceased enter into a lobbying contract to lobby any county
officer, departmental personnel or employee in connection with any judicial or other proceeding,
application, RFP, RFQ, bid, request for ruling, or other determination, contract, claim, controversy,
charge, accusation, arrest or other particular subject matter in which Miami -Dade County or one
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(1.) of its agencies or instrumentalities is a party or has a direct and substantial interest; and in
which he or she participated directly or indirectly as an officer, departmental personnel or
employee, through decision, approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, during his or her county service or employment. As used herein, a
person participated "directly" where he or she was substantially involved in the particular subject
matter through decision, approval, disapproval, recommendation, the rendering of advice,
investigation or otherwise, during his or her county service or employment. As used herein, a
person participated "indirectly" where he or she knowingly participated in any way in the
particular subject matter through decision, approval, disapproval, recommendation, the
rendering of legal advice, investigation or otherwise, during his or her county service or
employment. Former county officers, departmental personnel and employees who have left the
county within two (2) years prior to the effective date of the ordinance from which this section
derives shall execute an affidavit on a form prepared by the Office of the Inspector General prior
to lobbying any county officer, departmental personnel or employee stating that the
requirements of this section do not preclude said person from lobbying any officer, departmental
personnel or employee of the county. The Inspector General shall verify the accuracy of each
affidavit executed by former county officers, departmental personnel or employees.
(5) Any individual who is found to be in violation of this Subsection (q) shall be subject to the
penalties provided in either Subsection (u)(1) or Subsection (u)(2).
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 99-2, § 1, 1-21-99)
(r) Ethics Commission to render opinions on request. Whenever any person included in the terms defined in
subsection (b)(1) through (6), (b)(9) and (b)(13) is in doubt as to the proper interpretation or
application of this Conflict of Interest and Code of Ethics Ordinance as to himself or herself, or
whenever any person who renders services to the County is in doubt as to the applicability of the said
ordinance as to himself or herself, he or she may submit to the Ethics Commission a full written
statement of the facts and questions he or she has, The Ethics Commission shall then render an
opinion to such person and shall publish these opinions without use of the name of the person
advised unless such person requests the use of his or her name. Any person included in the term
defined in subsection (b)(1) (i.e., Mayor or Commissioner) who is employed or retained by an entity
that receives County funds or is under contract with the County shall, within sixty (60) days after (a)
being retained or employed by the entity, or (b) becoming aware of the entity's receipt of County
funds or of the entity's contract with the County, whichever is later, seek an opinion from the Ethics
Commission or the Executive Director of the Ethics Commission regarding the applicability of the
Conflict of Interest and Code of Ethics Ordinance. Any person included in the term defined in
subsection (b)(1) who is employed or retained by an entity that receives County funds or is under
contract with the County and has received an opinion from the Ethics Commission or the Executive
Director of the Ethics Commission prior to the effective date of this ordinance regarding the
applicability of the Conflict of Interest and Code of Ethics Ordinance to himself or herself shall not be
required to seek another opinion from the Ethics Commission.
(Ord. No. 73-26, § 1, 3-20-73; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 97-105, § 2, 7-8-97; Ord. No. 10-48, § 1, 7-
8-10; Ord. No. 12-22, § 1, 4-3-12)
(s) Lobbying,
(1) (a)
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As used in this section, "County personnel" means those County officers and employees
specified in Section 2-11.1(i)(2) of the Miami -Dade County Conflict of Interest and Code of
Ethics Ordinance.
(b) As used in this section, "Lobbyist" means all persons, firms, or corporations employed or
retained by a principal who seeks to encourage the passage, defeat, or modifications of (1)
ordinance, resolution, action or decision of the County Commission; (2) any action, decision,
recommendation of the County Manager or any County board or committee; or (3) any
action, decision or recommendation of County personnel during the time period of the entire
decision-making process on such action, decision or recommendation which foreseeably will
be heard or reviewed by the County Commission, or a County board or committee.
"Lobbyist" specifically includes the principal as well as any employee whose normal scope of
employment includes lobbying activities. The term "Lobbyist" specifically excludes the
following persons: attorneys or other representatives retained or employed solely for the
purpose of representing individuals, corporations or other entities during publicly noticed
quasi-judicial proceedings where the law prohibits ex -parte communications; expert
witnesses who provide only scientific, technical or other specialized information or testimony
in public meetings; any person who only appears as a representative of a neighborhood
association without compensation or reimbursement for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item; any person who only
appears as a representative of a not-for-profit community based organization for the
purpose of requesting a grant without special compensation or reimbursement for the
appearance; and employees of a principal whose normal scope of employment does not
include lobbying activities,
(2) All lobbyists shall register with the Clerk of the Board of County Commissioners within five (5)
business days of being retained as a lobbyist or before engaging in any lobbying activities,
whichever shall come first. Every person required to so register shall:
(a) Register on forms prepared by the Clerk;
(b) State under oath his or her name, business address and the name and business address of
each person or entity which has employed said registrant to lobby. If the lobbyist represents
a corporation, the corporation shall also be identified. Without limiting the foregoing, the
lobbyist shall also identify all persons holding, directly or indirectly, a five (5) percent or more
ownership interest in such corporation, partnership, or trust. Registration of all lobbyists
shall be required prior to January 15 of each year and each person who withdraws as a
lobbyist for a particular client shall file an appropriate notice of withdrawal. The fee for
annual registration shall be four hundred and ninety dollars ($490.00). Every registrant shall
be required to state the extent of any business or professional relationship with any current
person described in subsection (b)(1), The registration fees required by this subsection shall
be deposited by the Clerk into a separate account and shall be expended for the purpose of
recording, transcribing, administration and other costs incurred in maintaining these records
for availability to the public. Notwithstanding the foregoing, fifteen (15) percent of future
funds generated by lobbyist registration fees after the effective date of this ordinance shall
be deposited into a separate account, and shall be expended by the Ethics Commission for
the purposes of educational outreach, the rendering of advisory opinions and enforcement
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of the provisions of Section 2-11.1(s) relating to lobbyists. There shall be no fee required for
filing a notice of withdrawal and the Board of County Commissioners may, in its discretion,
waive the registration fee upon a finding of financial hardship.
(c) Prior to conducting any lobbying, all principals must file a form with the Clerk of the Board of
County Commissioners, signed by the principal or the principal's representative, stating that
the lobbyist is authorized to represent the principal. The principal and the lobbyist must also
submit ajoint affidavit stating that the principal has not offered and the lobbyist has not
agreed to accept any contingency or success fees as defined in subsection (s)(7). Failure of a
principal to file the required forms may be considered in the evaluation of a bid or proposal
as evidence that a proposer or bidder is not a responsible contractor. Each principal shall file
a form with the Clerk of the Board at the point in time at which a lobbyist is no longer
authorized to represent the principal.
(d) Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Clerk of
the Board 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 have continuously registered
as a lobbyist thereafter shall be required to complete a refresher Ethics Course every two
years. Each lobbyist who has completed a refresher Ethics Course shall submit to the Clerk of
the Board a certificate of completion within sixty (60) days after registering as a lobbyist. The
Ethics Course shall include, but not be limited to, a review of the following topics: the Conflict
of Interest and Code of Ethics Ordinance; the Sunshine Law; and the Public Records Law. The
fee for the Ethics Course shall be one hundred dollars ($100.00). The registration fees
required by this subsection shall be deposited into a separate account, and shall be
expended by the Ethics Commission for Ethics Courses and related costs. The requirements
of this subsection relating to the Ethics Course shall not be applicable to any municipal
lobbyist in Miami -Dade County unless said municipality has adopted an ordinance providing
for ethics training of lobbyists, and has entered into an interlocal agreement with the County
authorizing the Ethics Commission to provide the Ethics Course provided for in this
subsection. The Executive. Director of the Ethics Commission may waive the Ethics Course
requirement for a particular lobbyist when he or she determines that the lobbyist has taken
an initial or refresher Ethics Course offered by a municipality which satisfies the
requirements of this subsection.
(3) (a) Any public officer, employee or appointee who only appears in his or her official capacity
shall not be required to register as a lobbyist.
(b) Any person who only appears in his or her individual capacity for the purpose of self -
representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist. A principal of any corporation, partnership or other entity who appears as a
lobbyist on behalf of that entity, without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to
any item, shall register with the Clerk as required by this subsection, but shall not be required
to pay any registration fees.
(4) Any person who only appears as a representative of a not-for-profit corporation or entity (such as
a charitable organization, or a trade association or trade union), without special compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to express support of
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or opposition to any item, shall register with the Clerk as required by this subsection, but, upon
request, shall not be required to pay any registration fees. Any principal who only appears as a
representative of a certified Micro Enterprise, as defined in Section 2-8.1.1.1.1 of the Code, as a
representative of a certified Level I Community Small Business Enterprise, as defined in Section
10-33.02 or as a representative of a certified Tier 1 Community Business Enterprise, as defined in
Section 2-10.4.01, without special compensation or reimbursement for the appearance, whether
direct, indirect or contingent, to express support of or opposition to any item, shall register with
the Clerk as required by this subsection, but, upon request, shall not be required to pay any
registration fees.
(5) Any person who appears as a representative for an individual or firm for an oral presentation
before a county certification, evaluation, selection, technical review or similar committee, shall list
on an affidavit provided by the County, all individuals who may make a presentation. The affidavit
shall be filed by staff with the Clerk's office at the time the proposal is submitted. For the purpose
of this subsection only, the listed members of the presentation team shall not be required to pay
any registration fees. No person shall appear before any committee on behalf of an individual or
firm unless he or she has been listed as part of the firm's presentation team pursuant to this
paragraph or unless he or she is registered with the Clerk's office and has paid all applicable fees.
(G) (a) On July 1 of each year, the lobbyist shall submit to the Clerk of the Board of County
Commissioners a signed statement under oath, as provided herein, listing all lobbying
expenditures in excess of twenty-five dollars ($25.00) for the preceding calendar year. A
statement shall not be filed if there have been no expenditures during the reporting period.
The statement shall list in detail each expenditure by category, including food and beverage,
entertainment, research, communication, media advertising, publications, travel, lodging and
special events.
(b) The Clerk of the Board of County Commissioners shall notify any lobbyist who fails to timely
file an expenditure report. In addition to any other penalties which may be imposed as
provided in subsection (s)(9), a fine of fifty dollars ($50.00) per day shall be assessed for
reports filed after the due date. Where a fine of fifty dollars ($50.00) per day is assessed, the
Ethics Commission shall not impose a fine as provided in subsection (z). Any lobbyist who
fails to file the required expenditure report by September 1 shall be automatically suspended
from lobbying until all fines are paid unless the fine has been appealed to the Ethics
Commission.
(c) The. Clerk of the Board of County Commissioners shall notify the Commission on Ethics and
Public Trust of the failure of a lobbyist or principal to file a report and/or pay the assessed
fines after notification.
(d) A lobbyist or principal may appeal a fine and may request a hearing before the Commission
on Ethics and Public Trust. A request for a hearing on the fine must be filed with the
Commission on Ethics and Public Trust within fifteen (15) calendar days of receipt of the
notification of the failure to file the required disclosure form. The Commission on Ethics and
Public Trust shall have the authority to waive the fine, in whole or part, based on good cause
shown. The Commission on Ethics and Public Trust shall have the authority to adopt rules of
procedure regarding appeals from the Clerk of the Board of County Commissioners.
(7) No person may, in whole or in part, pay, give or agree to pay or give a contingency flee to another
person. No person may, in whole or in part, receive or agree to receive a contingency fee. As
used herein, "contingency fee" means a fee, bonus, commission, or nonmonetary benefit as
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compensation which is dependent on or in any way contingent on the passage, defeat, or
modification of: (1) an ordinance, resolution, action or decision of the County Commission; (2) any
action, decision or recommendation of the County Manager or any County board or committee;
or (3) any action, decision or recommendation of County personnel during the time period of the
entire decision-making process regarding such action, decision or recommendation which
foreseeably will be heard or reviewed by the County Commission, or a County board or
committee.
(8) The Clerk shall publish logs on a quarterly and an annual basis reflecting the lobbyist
registrations which have been filed in accordance with this subsection (s). All logs required bythis
ordinance shall be prepared in a manner substantially similar to the logs prepared for the Florida
Legislature pursuant to Section 11.045, Florida Statutes.
(9) The Ethics Commission shall investigate any person engaged in lobbying activities who may be in
violation of this subsection.(s). In the event that a violation is found to have been committed the
Ethics Commission may, in addition to the penalties set forth in subsection (z), prohibit such
person from lobbying before the County Commission or any committee, board or personnel of
the County as provided herein.
Every lobbyist who is found to be in violation of this section shall be prohibited from registering
as a lobbyist or lobbying in accordance with the following schedule:
1 st violation for a period of 90 days from the date of determination of violation;
2nd violation for a period of one (1) year from the date of determination of violation;
3rd violation for a period of five (5) years from the date of determination of violation;
A bidder or proposer shall be subject to the debarment provisions of Section 10-38 of the Code of
Miami -Dade County as if the bidder or proposer were a contractor where the bidder or proposer
has violated this section, either directly or indirectly or any combination thereof, on three (3) or
more occasions. As used herein, a "direct violation" shall mean a violation committed by the
bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist
representing said bidder or proposer. A contract entered into in violation of this section shall also
render the contract voidable. The County Manager shall include the provisions of this subsection
in all County bid documents, RFP, RFQ, CBO and CDBG applications; provided, however, the
failure to do so shall not render any contract entered into as the result of such failure illegal per
se.
(10) All members of the County Commission, and all County personnel, shall be diligent to ascertain
whether persons required to register pursuant to this subsection have been complied,
Commissioners or County personnel may not knowingly permit a person who is not registered
pursuant to this subsection to lobby the Commissioner, or the relevant committee, board or
County personnel.
(11) Except as otherwise provided in subsection (s)(9), the validity of any action or determination of
the Board of County Commissioners or County personnel, board or committee shall not be
affected by the failure of any person to comply with the provisions of this subsection (s).
(Ord. No. 86-24, § 1, 4-1-86; Ord. No. 91-22, § 1, 2-19-91; Ord. No. 92-27, § 1, 4-21-92; Ord. No. 95-21, § 1, 2-
7-95; Ord. No. 98-73, § 1, 6-2-98; Ord. No. 98-76, § 1, 6-2-98; Ord. No. 00-19, § 1, 2-8-00; Ord. No. 01-93, § 1,
5-22-01; Ord. No. 01-162, § 1, 10-23-01; Ord. No. 10-03, § 1, 1-21-10; Ord. No. 10-04, § 1, 1-21-10; Ord. No.
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10-34, § 1, 6-3-10; Ord. No. 10-56, § 1, 9-21-10; Ord. No. 12-10, § 1, 3-6-12; Ord. No. 12-63, § 1, 9-6-12)
(t) Cone of Silence.
1. Contracts for the provision of goods and service other than audit and independent private sector
inspector general (IPSIG) contracts.
(a) "Cone of Silence" is hereby defined to mean a prohibition on:
(i) Any communication regarding a particular RFP, RFQ or bid between a potential vendor,
service provider, bidder, lobbyist, or consultant and the County's professional staff
including, but not limited to, the County Manager and his or her staff,
(ii) Any communication regarding a particular RFP, RFQ or bid between the Mayor, County
Commissioners or their respective staffs and any member of the County's professional
staff including, but not limited to, the County Manager and his or her staff;
(iii) Any communication regarding a particular RFP, RFQ or bid between a potential vendor,
service provider, bidder, lobbyist, or consultant and any member of the selection
committee therefor;
(iv) Any communication regarding a particular RFP, RFQ or bid between the Mayor, County
Commissioners or their respective staffs and any member of the selection committee
therefor;
(v) Any communication regarding a particular RFP, RFQ or bid between a potential vendor,
service provider, bidder, lobbyist, or consultant and the Mayor, County Commissioners
and their respective staffs; and
(vi) Any communication regarding a particular RFP, RFQ, or bid between any member of the
County's professional staff and any member of the selection committee therefore.
The County Manager and the Chairperson of the selection committee may communicate
about a particular selection recommendation, but only after the committee has submitted an
award recommendation to the manager and provided that should any change occur in the
committee recommendation, the content of the communication and of the corresponding
change as well as the reasons for such change shall be described in writing and filed by the
Manager with the Clerk of the Board and be included in any recommendation submitted by
the Manager to the Board of County Commissioners. Notwithstanding the foregoing, the
Cone of Silence shall not apply to:
(i) Competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the Miami -Dade County Office of Community and Economic
Development and the community-based organization (CBO) competitive grant processes
administered by the Park and Recreation, Library, Water and Sewer, and Solid Waste
Departments, Cultural Affairs and Tourist Development Councils and the Department of
Environmental Resources Management;.
(ii) Communications with the County Attorney and his or her staff,
(iii) Communications between a potential vendor, service provider, bidder, consultant or
lobbyist. and employees of the Management and Technical Assistance Unit of the
Department of Business Development regarding small business and/or minority
business programs, the Community Business Enterprise and Equitable Distribution
Programs;
(iv)
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Communications between a potential vendor, service provider, bidder, consultant or
lobbyist and employees responsible for administering disadvantaged business
enterprise programs in County departments receiving federal funds, provided the
communications are limited strictly to matters of programmatic process or procedure;
(v) Duly noticed site visits to determine the competency of bidders regarding a particular
bid during the time period between the opening of bids and the time the County
Manager makes his or her written recommendation;
(vi) Any emergency procurement of goods or services pursuant to Administrative Order 3-2;
(vii) Communications regarding a particular RFP, RFQ or bid between any person and the
Vendor Information Center staff, the procurement agent or contracting officer
responsible for administering the procurement process for such RFP, RFQ or bid,
provided the communication is limited strictly to matters of process or procedure
already contained in the corresponding solicitation document;
(viii) Communications between a potential vendor, service provider or bidder and
employees of the Department of Procurement Management or other department
identified in the solicitation document as the issuing department; and
(ix) Consultations by employees of the Department of Procurement Management with
professional procurement colleagues in determining an appropriate approach or option
involving a solicitation in progress.
(b) Procedure.
(i) A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement
of said RFP, RFQ or bid. At the time of imposition of the Cone of Silence, the County
Manager or his or her designee shall provide for public notice of the Cone of Silence. The
County Manager shall issue a written notice thereof to the affected departments, file a
copy of such notice with the Clerk of the Board, with a copy thereof to each
Commissioner, and shall include in any public solicitation for goods and services a
statement disclosing the requirements of this ordinance.
(ii) The Cone of Silence shall terminate at the time the Manager makes his or her written
recommendation to the County Commission; provided, however, that if the Commission
refers the Manager's recommendation back to the Manager or staff for further review,
the Cone of Silence shall be reimposed until such time as the Manager makes a
subsequent written recommendation. The foregoing notwithstanding, for contracts and
purchases which the County Manager has the delegated authority to award under Sec. 2-
S_1(b) of this Code, the Cone of Silence shall terminate: (i) at the time the award
recommendation letter is issued and filed with the Clerk of the Board for such contracts
and purchases involving the expenditure of over one hundred thousand dollars
($100,000); (ii) at the time the written award recommendation is posted in accordance
with Section III of A.0, 3-21 for such contracts or purchases involving the expenditure of
over $25,000 up to $100,000; or (iii) at the time the award recommendation is issued in
accordance with Section IV of A.0. 3-21 for contracts and purchases involving the
expenditure of $25,000 or less.
(iii) While the Cone of Silence is in effect, County Staff shall create a written record of any
oral communications with potential vendor, service provider, bidder, lobbyist, or
consultant related to or regarding a solicitation, bid, proposal, or other competitive
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process. The record shall indicate the date of such communication, the persons to whom
staff communicated, and a general summation of the communication. This subsection
applies to all communications made while the Cone of Silence is in effect for a particular
solicitation.
(c) Exceptions.
(i) The provisions of this ordinance shall not apply to oral communications at pre-bid
conferences, oral presentations before selection committees duly noticed as a public
meeting, recorded contract negotiations and contract negotiation strategy sessions in
compliance with the exemption in Florida Statutes Section 286.0113, public
presentations made to the Board of County Commissioners during any duly noticed
public meeting or communication in writing at any time with any County employee,
official or member of the Board of County Commissioners unless specifically prohibited
by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of
any written communication with the Clerk of the Board. The Clerk of the Board shall
make copies available to any person upon request.
(ii) The provisions of this ordinance shall also not apply to oral communications at briefings
held by county commissioners and the County Mayor or his designee, after the selection
committee or other evaluating group makes its recommendation to the County Manager,
provided that the briefings are not intended to influence the outcome of the selection
committee or other evaluating group's recommendation to the County Manager;
provided, however, that this exception shall not apply to outside groups such as
lobbyists or representatives of the responding or bidding companies or entities.
2. Audit and IPSIG contracts.
(a) "Cone of Silence" is hereby defined to mean a prohibition on: (a) any communication
regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and the Mayor, County Commissioners or their respective staffs and
any member of the County's professional staff including, but not limited to, the County
Manager and his or her staff; (b) any oral communication regarding a particular RFP, RFQ or
bid between the Mayor, County Commissioners or their respective staffs and any member of
the County's professional staff including, but not limited to, the County Manager and his or
her staff. Notwithstanding the foregoing, the Cone of Silence shall not apply to (a)
communications with the County Attorney and his or her staff; (b) communications between
a potential vendor, service provider or bidder and employees of the Department of
Procurement Management or other department identified in the solicitation document as the
issuing department; and (c) consultations by employees of the Department of Procurement
Management with professional procurement colleagues in determining an appropriate
approach or option involving a solicitation in progress.
(b) Except as provided in Subsections 2(c) and 2(d) hereof, a Cone of Silence shall be imposed
upon each RFP, RFQ and bid for audit and IPSIG services after the advertisement of said RFP,
RFQ or bid, At the time of the imposition of the Cone of Silence, the County Manager or his or
her designee shall provide for the public notice of the Cone of Silence. The Cone of Silence
shall terminate when the County Manager executes a particular audit or IPSIG contract.
(c)
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Nothing contained herein shall prohibit any bidder or proposer: (i) from making public
presentations at duly noticed pre-bid conferences or before duly noticed selection committee
meetings; (ii) from engaging in recorded contract negotiations in compliance with the
exemption in Florida Statutes Section 286.0113; or (iii) from communicating in writing with
any County employee or official for purposes of seeking clarification or additional
information from, subject to the provisions of the applicable RFP, RFQ or bid documents. Any
recordings made pursuant to this section shall be made available, as a public record, upon
the conclusion of the selection committee or negotiation meetings notwithstanding the
elapsed time from bid or proposal opening. The bidder or proposer shall file a copy of any
written communication with the Clerk of the Board. The Clerk of the Board shall make copies
available to the general public upon request.
(d) Nothing contained herein shall prohibit any lobbyist, bidder, proposer or other person or
entity from publicly addressing the Board of County Commissioners during any duly noticed
public meeting regarding action on any audit or IPSIG contract. The County Manager shall
include in any public solicitation for auditing or IPSIG services a statement disclosing the
requirements of this ordinance.
3. Penalties. In addition to the penalties provided in Subsections (s) and (v) hereof, violation of this
Subsection (t) by a particular bidder or proposer shall render any RFP award, RFQ award or bid
award to said bidder or proposer voidable. Any person who violates a provision of this ordinance
shall be prohibited from serving on a Miami -Dade County competitive selection committee. In
addition to any other penalty provided by law, violation of any provision of this ordinance by a
Miami -Dade County employee shall subject said employee to disciplinary action up to and
including dismissal. Additionally, any person who has personal knowledge of a violation of this
ordinance shall report such violation to the State Attorney and/or may file a complaint with the
Ethics Commission,
4. The requirements of Section 2-11.1 (t) shall not apply to any municipality in Miami -Dade County
that has adopted an ordinance providing that the cone of silence shall not apply to that
municipality. Any municipality that opts out of the requirements of Section 2-11.1 {t) shall provide
the Ethics Commission with a copy of the ordinance.
5. Within thirty days of a recommendation from a selection committee, the County Mayor or his
designee shall either appoint a negotiation committee or take other affirmative action with
respect to the solicitation, including but not limited to rejection of proposals or recommendation
for award. In the event that negotiations have not commenced within thirty days, or if such other
affirmative action has not been taken within thirty days, the County Mayor or his designee shall
report such event, and the reasons therefore, to the Board of County Commissioners.
Additionally, the County Mayor or his designee shall present the Clerk of the Board with a
recommendation for award, or a recommendation to reject proposals, within ninety days from
the date a selection committee makes a recommendation. In the event that the County Mayor or
his designee has not provided such recommendation to the Clerk of the Board within ninety days,.
the County Mayor or his designee shall provide a report on the status of the solicitation to the
Board of County Commissioners, including the reasons for any delay.
(Ord. No. 98-106, § 1, 7-21-98; Ord. No. 99-1, § 1, 1-21-99; Ord. No. 00-149, § 1, 11-28-00; Ord. No. 01-149, §
1, 9-25-01; Ord. No. 01-150, § 1, 9-25-01; Ord. No. 02-3, § 1, 1-29-02; Ord, No. 04-77, § 1, 4-27-04; Ord, No.
08-111, § 1, 10-7-08)
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(u) Prohibition on certain business transactions. No person who is serving as an elected county official or a
member of the staff of an elected county official, or as county manager, senior assistant to the county
manager or department director shall enter into a business transaction with any person or entity that
has a contract with Miami -Dade County or any shareholder, partner, officer, director or employee of
said contractor, unless said business transaction is an arm's length transaction made in the ordinary
course of business. The provisions of this subsection (u) shall not apply to a business transaction
between an elected county official, a member of the staff of an elected county official, the county
manager, a senior assistant to the county manager or a department director and a not-for-profit
entity. As used herein, a "shareholder" shall mean any person owning ten (10) percent or more of the
outstanding capital stock of any corporation, As used herein, "elected county official" shall mean the
mayor, county commissioners and community council members. As used herein, "business
transaction" shall mean any contract wherein persons either sell, buy, deal, exchange, rent, lend or
barter real, personal or intangible property, money or any other thing of value, or render services for
value.
(v) Voting Conflicts. Members of Advisory and Quasi-judicial Boards. No person included in the terms
defined in subsections (b)(3) (quasi-judicial personnel) and (b)(4) (advisory personnel) shall vote on
any matter presented to an advisory board or quasi-judicial board on which the person sits if the
board member will be directly affected by the action of the board on which the member serves, and
the board member has any of the following relationships with any of the persons or entities
appearing before the board: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or
beneficiary; or (ii) stockholder, bondholder, debtor or creditor.
(w) Prohibition on acceptance of travel expenses from county vendors. Notwithstanding any other provision
of this section, no person included in subsections (b)(1)(Mayor and Commissioners), (b)(5)
(departmental personnel) or (b)(6) (employees) shall accept, directly or indirectly, any travel expenses
including, but not limited to, transportation, lodging, meals, registration fees and incidentals from any
county contractor, vendor, service provider, bidder or proposer. The Board of County Commissioners
may waive the requirements of this subsection by a majority vote of the Commission. The provisions
of this subsection (w) shall not apply to travel expenses paid by other governmental entities or by
organizations of which the County is a member if the travel is related to that membership.
(x) Prohibition on county employees and departmental personnel performing contract -related duties. No
person included in subsections (b)(5)(departmental personnel) and (b)(6) (employees), who was
previously employed by or held a controlling financial interest in a for-profit firm, partnership or other
business entity (hereinafter "business entity") shall, for a period of two years following termination of
his or her prior relationship with the business entity, perform any county contract -related duties
regarding the business entity, or successor in interest, where the business entity is a county bidder,
proposer, service provider, contractor or vendor. As used in this subsection (x), "contract -related
duties" include, but are not limited to: service as a member of a county certification, evaluation,
selection, technical review or similar committee; approval or recommendation of award of contract;
contract enforcement, oversight or administration; amendment, extension or termination of contract;
or forbearance regarding any contract. Notwithstanding the foregoing, the provisions of this
subsection (x) shall not apply to the County Manager or the Director of Procurement Management.
(y) Powers and jurisdiction of Ethics Commission. The Ethics Commission shall be empowered to review,
Interpret, render advisory opinions and letters of instruction and enforce the Conflict of Interest and
Code of Ethics Ordinance. jurisdiction of the Ethics Commission shall automatically extend to
Commissioners, the Mayor, autonomous personnel., quasi-judicial personnel, departmental
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personnel, employees, contract staff, advisory personnel, immediate family, lobbyists as defined in
subsections (b) and (s) who are required to comply with the Conflict of Interest and Code of Ethics
Ordinance; and any other person required to comply with the Conflict of Interest and Code of Ethics
Ordinance including, but not limited to, contractors, consultants and vendors. In the event that the
Ethics Commission does not assume jurisdiction as provided in the preceding sentence, the Ethics
Commission may refer the complaint to the State Attorney for appropriate action. Notwithstanding
the foregoing, the Ethics Commission shall not have jurisdiction to consider an alleged violation of
subsection (c) if the requirements of subsection (c) have been waived for a particular transaction as
provided therein.
(Ord. No. 10-48, § 1, 7-8-10)
(z) Prohibition on participation in settlement negotiations. Neither the Mayor, a County Commissioner nor
any member of their staff shall participate in settlement negotiations of claims or lawsuits, including
but not limited to contract scope or compensation adjustments involving the County without prior
approval of the Board of County Commissioners.
(aa) County Attorney's Office participation in contract adjustments, County staff shall request the
participation of the County Attorney's Office to provide legal advice regarding scope or
compensation adjustments which increase by more than one million dollars ($1,000,000), the value of
a construction contract or a contract involving the purchase of goods or services.
(bb) Affidavit and Ethics Course. Each person who is elected to serve as a member of the Board of County
Commissioners or as Mayor of Miami -Dade County shall execute an affidavit, on a form prepared by
the Ethics Commission, stating that he or she has read the Miami -Dade County Conflict of Interest and
Code of Ethics Ordinance and agrees to comply with the provisions of said ordinance. Each elected
official covered by the requirements of this subsection shall file the required affidavit with the Ethics
Commission prior to being sworn into office. Each elected official, as defined in subsection (b)(1), shall,
within ninety (90) days after being sworn into office, submit to the Clerk of the Board a certificate of
completion of an ethics course offered by the Miami -Dade County Commission on Ethics and Public
Trust ("Ethics Course"). Each employee of the County, as defined in subsection (b)(5) and b(6), shall
within one hundred and eighty (180) days of the effective date of this ordinance or within sixty (60)
days after being hired by the County, submit to the Clerk of the Board a certificate of completion of an
Ethics Course offered by the Miami -Dade County Commission on Ethics and Public Trust. Employees
shall be required to complete a refresher Ethics Course every two years thereafter. Each employee
who has completed a refresher Ethics Course shall submit to the Clerk of the Board a certificate of
completion. The Ethics Course shall include, but not be limited to, a review of the following topics: the
Conflict of Interest and Code of Ethics Ordinance; the Sunshine Law; the Public Records Law and the
Citizens' Bill of Rights. The requirements of this subsection (bb) relating to the Ethics Course for
employees shall not be applicable to any municipality in Miami -Dade County unless said municipality
has adopted an ordinance providing for the Ethics Course, and has entered into an interlocal
agreement with the County authorizing the Ethics Commission to provide the Ethics Course provided
for in this subsection.
(Ord. No. 12-11, § 1, 3-6-12; Ord. No. 13-50, § 1, 6-4-13)
(cc) Penalty.
(1) Proceeding before Ethics Commission. A finding by the Ethics Commission that a person has
violated this section shall subject said person to an admonition or public reprimand and/or a fine
of five hundred dollars ($500.00) for the first such violation and one thousand dollars ($1,000.00)
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for each subsequent violation. Where the Ethics Commission finds that a person has intentionally
violated this section and determines that a fine is appropriate, said person shall be subject to a
fine of one thousand dollars ($1,000.00) for the first such violation and two thousand dollars
($2,000.00) for each subsequent violation. Actual costs incurred by the Ethics Commission, in an
amount not to exceed five hundred dollars ($500.00) per violation, may be assessed where the
Ethics Commission has found an intentional violation of this section. The Ethics Commission may
also order the person to pay restitution when the person or a third party has received a
pecuniary benefit as a result of the person's governed by an administrative order adopted by the
County Commission and rules of procedure promulgated by the Ethics Commission.
(2) Prosecution by State Attorney in State court. Every person who is convicted of a violation of this
section in State court shall be punished by a fine not to exceed five hundred dollars ($500.00) or
imprisonment in the CountyJail for not more than thirty (30) days, or by both such fine and
imprisonment.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-26, § 1, 3-20-73; Ord. No. 77-13, § 4,3-1-77; Ord. No. 8624, § 2,
4-1-86; Ord. No. 91-22, § 1, 2-19-91; Ord. No. 92-27, § 1, 4-21-92; Ord. No. 95-21, § 1, 2-7-95; Ord. No. 97-
105, § 2, 7-8-97; Ord. No. 98-73, § 1, 6-2-98; Ord. No. 98-76, § 1, 6-2-98; Ord, No. 98-106, § 1, 7-21-98; Ord.
No. 98-125, § 1, 9-3-98; Ord. No. 99-150, § 1, 11-2-99; Ord. No. 00-46, § 1,4-11-00; 00-149, § 1, 11-28-00;
Ord. No. 01-199, § 1, 12-4-01; Ord. No. 03-73, § 1, 4-8-03; Ord. No. 03-107, § 1, 5-6-03; Ord. No. 03-140, § 1,
6-3-03; Ord. No. 04-55, § 1, 3-16-04; Ord. No. 04-119, § 1, 6-8-04; Ord. No. 04-204, § 1, 12-2-04; Ord. No. 05-
71, § 1, 4-5-05; Ord. No. 06-148, § 1, 10-10-06; Ord. No. 10-11, § 1, 2-2-10; Ord. No. 10-48, § 1, 7-8-10; Ord.
No. 13-53, § 1, 6-4-13; Ord, No. 1496, § 1, 10-7-14)
Editor's note- Ord. No. 72-82, § 1, amended this Code by repealing former § 2-11.1 relative to County
officers and employees transacting business with the County and enacted in lieu thereof a new § 2-11.1 as
herein set out. Former § 2-11.1 was derived from Ord. No. 59-44, §§ 2-5, adopted Dec. 1, 1959.
Annotations -AO 7-1; CAO's 76-8, 76-32, 76-36, 76-39, 76-43, 76-46, 76-50, 76-55, 77-1, 77-9, 77-14, 77-16,
77-19; 77-26, 77-33, 77-37, 77-40, 77-41, 77-44, 77-52, 77-53, 77-56, 77-63, 77-68, 78-2, 78-10, 78-11, 78-12,
78-171 78-25, 78-33, 78-44, 78-47,78-53, 78-54, 79-6, 79-7, 79-12, 79-16, 79-19, 79-32, 79-37,80-3, 80-4,80-
11, 80-21, 80-24, 80-25, 80-28, 80-29, 81-4, 81-13, 81-18, 81-22, 81-31, 81-38, 82-1, 82-10, 82-13, 82-19, 82-
24, 82-25, 82-28, 82-29, 83-2, 83-6, 83-11, 83-22, 85-8.
State Law reference--- Code of ethics for public officers and employees, F.S. § 112.311 et seq.
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ARTICLE V. - CONFLICTS OF INTEREST1181
Footnotes:
--- (18) ---
Charter reference— City officers and employees prohibited from having interest in profits, etc„ of contracts, fobs, etc., performed for the city, § 4(c).
City Code cross reference—Conflicts of interest in regard to members, employees, etc., of downtown development board, § 14.62.
Law review reference—Note as to conflicts of interest of municipal officers, 20 Miami L. Rev. 472,
Sec. 2-611. - Applicability of article.
This article shall be applicable to and binding upon every officer, official and employee of the city,
including every member of any board, commission or agency of the city.
(Code 1967, § 2-101; Code 1980, § 2-301)
Sec. 2-612. - Transacting business with city; appearances before city boards; post -employment
restrictions; participation in the award of certain contracts under the procurement ordinance; penalties,
etc.
(a) No person included in section 2-611 shall enter into any contract or transact any business with the
city or any person or agency acting for the city, or shall appear in representation of any third party
before any board, commission or agency of which such person is a member. No employee shall
appear in any capacity on behalf of any third party before any board, commission or agency of the
city. Any such contract or agreement entered into or appearance made in violation of this section
shall render the transaction voidable. However this section shall not apply to an employee
participating in federal economic development programs, the community development block grant
assisted single family rehabilitation loan program, or the various affordable housing programs
assisted through the home investment partnership program and state housing initiatives partnership
program administered by the department of community development provided that the employee
meets all criteria of the program and provided that the city manager approves the participation of the
employee and that the employee is identified as being an employee of the city in applicable
documents.
(b) The word "person" appearing in subsection (a) of this section shall include officers, officials and
employees as set forth in section 2-611 hereof and the following family members of such "person":
spouse, son, daughter, parent, brother or sister.
(c) The prohibition upon activity which is set forth in subsections (a) and (b) of this section shall remain in
effect for a period of two years after the officer, official, or employee has left city service or
terminated city employment.
(d) The director of the department and/or his designee and/or the members of the selection committee
who are city employees recommending a contract award of not less than $500,000.00, shall be
restricted for a two-year period, after the director and/or his designee and/or the member has left city
service or terminated city employment, from receiving compensation or employment from any
contractual party when the director and/or his designee and/or the member participated in the award
of the contract subject to the procurement ordinance of the city, including without limitation waivers,
with the following conditions and definitions:
(1)
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The word "member" as used in this section shall include all city employees who are members of
the selection committee which has recommended a contract award;
(2) The word "director" shall mean the director, or his/her designee, of any city department, division,
authority, board, or office recommending a contract award, and with respect to the boards
referenced in. section 18-72, the executive director of such board, or his/her designee, providing,
however, that this section shall not apply to the community redevelopment agency;
(3) The word "director" shall exclude the city manager and the chief procurement officer as defined
in section 18-73;
(4) This section shall not preclude the member or director, or his/her designee, from working for the
contractual party on an entirely unrelated contract. The phrase "contractual party" is defined in
section 18-73. The employment or contractual relationship cannot relate directly to the contract
that was recommended by the selection committee in which the member participated and/or
that was recommended by the director or his/her designee.
(e) Penalties. A violation of this ordinance maybe punished by imposition of the maximum fine and/or
penalties allowed by law, Additionally, violations may be considered by and subject to action by the
Miami -Dade County Commission on Ethics.
(Code 1967, § 2-102; Ord. No. 9015, § 1, 11-8-79; Ord. No. 10823, § 2,11-10-911; Code 1980, § 2-302; Ord. No.
11755, § 2, 2-9-99; Ord. No. 11816, § 2, 7-13-99; Ord. No. 11908, § 2, 4-13-00; Ord. No. 12401, § 1, 9-11-03;
Ord. No. 12892, § 2, 3-8-07)
Editor's note— Ord. No. 12892, § 2, adopted March 8, 2007, changed the title of § 2-612 from
"Transacting business with the city; appearances before city boards, etc," to "Transacting business with
city; appearances before city boards; post -employment restrictions; participation in the award of certain
contracts under the procurement ordinance; penalties, etc."
State Law reference— Doing business with one's agency, F.S. § 112.313(13), (14).
Sec. 2-613. - Accepting gifts, etc., from persons contracting,. etc., with city.
Every officer, official or employee of the city, including every member of any board, commission or
agency of the city, is expressly prohibited from accepting, directly or indirectly, from any person, company,
firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift,
money or anything of value whatsoever, except where given for the use and benefit of the city.
(Code 1967, § 2-103; Code 1980, § 2-303)
Sec. 2-614. - Waiver of requirements of article.
(a) The requirements of this article may be waived for a particular transaction or transactions only by an
affirmative vote of four-fifths of the members of the city commission or an unanimous vote of the
quorum that exists because of either abstentions or vacancies resulting from resignation, death,
suspension, or physical incapacitation after public hearing. Such waiver may be effected only after
findings by four-fifths of the members of the city commission, or an unanimous vote of the quorum
that exists because of either abstentions or vacancies resulting from resignation, death, suspension,
or physical incapacitation as follows:
(1) An open -to -all sealed competitive bid has been submitted by a city person as set forth in section
2-611 hereof; or
(2)
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The bid has been submitted by a person or firm offering services within the scope of practice of
architecture, landscape architecture, professional engineering or registered land surveying, as
defined by the laws of the state and pursuant to provisions of the Consultant's Competitive
Negotiation Act as are now in force and as may be hereinafter enacted, and when the bid has
been submitted by a city person as set forth in section 2-611 hereof; or
(3) The property or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such property or services without entering into a transaction which would
violate this section but for waiver of its requirements; and
(4) The proposed transaction will be to the best interest of the city.
(b) Such findings shall be spread on the minutes of the commission. This section shall be applicable only
to prospective transactions, and the commission may in no case ratify a transaction entered in
violation of this section.
(c) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other
section or ordinance pertaining to the same subject matter.
(Code 1967, § 2-104; Code 1980, § 2-304; Ord. No. 13170, § 1, 5-13-10)
State Law reference— Consultants' competitive negotiation, F.S. § 287.055.
Sec. 2-615. - List of real estate owned—Required of certain officials,
(a) All the following enumerated elective and appointive officers or employees of the city.
Mayor;
City commissioners;
City attorney;
City clerk;
City manager;
Civil service board;
Retirement plan board;
Retirement system board;
Members of planning, zoning and appeals board;
Members of the nuisance abatement board;
Executive director of downtown development authority;
Director of off-street parking department;
Executive secretary of civil service board;
Fire chief;
Chief of police;
Members of downtown development authority;
Members of off-street parking board;
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Directors of all departments;
shall, within 30 days from the effective date of sections 2-615 through 2-617, submit to the city clerk a
complete itemized list of all real property owned by he or she, whether the title be either legal or
equitable, whether owned in whole or in part, including corporate real property in which he has a
controlling interest or is an officer of such corporation, and shall include the following information as to
each parcel of land:
(1) The legal description and common address;
(2) The municipal or county zoning classification wherein the property is located;
(3) The manner in which the property is presently being utilized,
(b) The itemized list shall be verified under oath. Only those real properties that are located within the
corporate limits of the city or those properties located 500 feet beyond the corporate limits of the city
are required to be listed on a form provided by the city clerk.
(c) All the elective and appointive officers or employees enumerated in subsection (a) who are currently
appointed or appointed subsequent to the effective date of amended sections 2-615 through 2-617
shall, within 30 days of their election or appointment, submit an itemized list verified under oath of
real estate holdings as provided herein.
(Code 1967, § 2-105; Ord, No. 10966, § 2, 4-2-92; Code 1980, § 2-305; Ord. No. 13245, § 1, 1-13-11)
Sec. 2616. - Same—To be renewed annually.
All those elective and appointive officers and employees as described in section 2-615 shall, between
November 1 and December 1, 1967, and each succeeding year thereafter, submit new itemized lists of
real estate holdings as required under section 2-615 subject to the terms and conditions as contained in
section -2-61 .
(Code 1967, § 2-106; Code 1980, § 2-306)
Sec. 2-617. - Same ---Penalty for violation of sections 2-615, 2-616.
Any elective or appointive officer or employee violating sections 2-615 and 2-616 shall be removed
from office in accordance with the law.
(Code 1967, § 2-108; Code 1980, § 2-307)
Sec. 2-618. - Disclosure of parties in interest by persons making presentations, requests, etc„ to city
commission or boards.
(a) All parties making any presentation, formal request or petition to the city commission or any city
board with respect to any real property are required to make full disclosure in writing, on a form
supplied by the clerk of the city commission or secretary to the board, of all parties having a financial
interest, either direct or indirect, in the subject matter of said presentation, formal request or petition.
such disclosure shall include, but not be limited to, disclosure of all natural persons having an
ownership interest, direct or indirect, in the subject real property.
(b) The disclosure required by subsection (a) hereof must be made or updated, as may be necessary, in
order to ensure that the information disclosed is accurate at the time of filing and at all times
thereafter within a reasonable time after any change in the disclosure information required and is
accurate as of the time of each vote by the city commission or applicable board.
(c)
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Where the disclosure required by subsection (a) hereof is not made, the city commission or applicable
board shall not consider the presentation, formal request or petition nor shall such petition be
accepted for filing.
(Ord. No, 9419, §§ 1, 2, 5-27-82; Ord. No. 9798, § 1, 2-9-84; Code 1980, § 2-308)
Sec. 2-619, - F=inancial disclosure,
(a) Reporting requirement:
(1) In addition to the financial disclosure requirements of state law and county Code, the mayor and
city commissioners are required to provide the following information to the city clerk in writing
by July 1 of each year: r191
a. Description of all assets which have a value in excess of $5,000.00 including household
goods.
b. All liabilities which exceed $5,000,00 including the name and address of all creditors including
debts or money owed in excess of $5,000.00 including credit card and retail installment
accounts, taxes owed, indebtedness on a life insurance policy and accrued income taxes on
net unrealized appreciation.
c. All sources of income due a business entity in excess of ten percent of the gross income of a
business entity in which the reporting person held a material interest and from which he/she
received an amount which was in excess of ten percent of his/her gross income during the
disclosure period and which exceeds $1,500.00. The period for computing the gross income
of the business entity is the fiscal year of the business entity which ended on, or immediately
prior to, the end of the preceding calendar year.
d. Net worth, i.e., the difference between total assets and total liabilities.
(2) An affidavit of the person reporting shall be executed attesting to the accuracy of the disclosures,
(b) As an alternative to the requirements set forth in subsection (a) above, a copy of the reporting.
person's filed return for the current year's federal income tax return may be provided.
(c) Any elected official who is a partner in a law firm or a stockholder in a professional association must
disclose, in writing, to the city clerk the name of any client whose representation results in a
contribution of ten percent or more of the gross income:
(1) To the law firm in which said official is a partner;
(2) To the professional association in which said official is a stockholder or has an ownership
interest; or
(3) To the elected official directly.
(d) Every person who is convicted of a violation of this section shall be punished as provided in section 1-
13.
(Ord. No. 10219, § 1, 2-12-87; Code 1980, § 2-309)
Footnotes;
--- (19) ---
Note—The
1g1---
Note—The reporting requirement applies to all persons serving in the designated capacities on December 31, 1986 and on December 31 of
succeeding years. Information required to be reported by July I shall be the information inexistence as of December 31 of the preceding calendar
year.
Secs, 2-620----2-650. - Reserved.
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