HomeMy WebLinkAboutScrivener's Error Memo_CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B.Ha o ity Clerk
FROM: Victoria , City Attorney
DATE: January B.4
RE: Ordinance No. 3718 — Amend Code - Chapter 2 - Administration/Lobbyists
File No. 3152
At its December 14, 2017 meeting, the City Commission considered the above referenced
agenda item, SR.8, regarding an amendment to Chapter 2 of the Code of the City of Miami,
Florida, as amended ("City Code"), entitled "Administration/Lobbyist." The Legislation, as
published in the Agenda, did not refer to Lobbyists in Section 2-654(d) of the City Code with a
gender neutral pronoun.
The legislation has been incremented to Revision C and the correction made to the file.
VM/BLM/XA/vja
Enclosure(s)
3152 -Scrivener's Error Memo
File Number: 3152
Final Action Date: 12/14/2017
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER
2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEND
APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS
REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREMENTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Commission on Ethics and Public Trust in
consultation with the City of Miami ("City") has recommended that the City amend Chapter
2/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), to be consistent
with the minimum standards for Lobbyist registration in Section 2-11.1(s) of the Code of
Ordinances of Miami -Dade County, Florida, as amended; and
WHEREAS, persons appearing before the City Commission, the Mayor, City staff, City
boards, and City committees benefit from having Lobbyist registration requirements that are
more consistent and uniform;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE VI. LOBBYIST
Sec. 2-651. - Applicability.
Notwithstanding any provision in the Code of the City, as amended, to the contrary, ti4e
foNewing Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida as
amended ("County Codel shall be applicable in the City.
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 1 of 6 File ID: 3152 (Revision: C) Printed On: 1/19/2018
City of Miami
O�' °F
'
City Hall
-
Legislation islation
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Ordinance 13718
File Number: 3152
Final Action Date: 12/14/2017
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER
2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEND
APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS
REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREMENTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Commission on Ethics and Public Trust in
consultation with the City of Miami ("City") has recommended that the City amend Chapter
2/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), to be consistent
with the minimum standards for Lobbyist registration in Section 2-11.1(s) of the Code of
Ordinances of Miami -Dade County, Florida, as amended; and
WHEREAS, persons appearing before the City Commission, the Mayor, City staff, City
boards, and City committees benefit from having Lobbyist registration requirements that are
more consistent and uniform;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE VI. LOBBYIST
Sec. 2-651. - Applicability.
Notwithstanding any provision in the Code of the City, as amended, to the contrary, ti4e
foNewing Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida as
amended ("County Codel shall be applicable in the City.
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 1 of 6 File ID: 3152 (Revision: C) Printed On: 1/19/2018
File ID: 3152 Enactment Number: 13718
Sec. 2-652. - Penalty.
Any person in violation of any provision of this article shall be subject to the penalty as
provided in section 1-13.
Sec. 2-653. - Definitions.
ww or miami Page 2 of 6 File ID: 3152 (Revision: C) Printed on: 1/19/2018
File ID: 3152 Enactment Number: 13718
The definitions used in Section 2-11.1(s) of the County Code shall be applicable to this
Article. References in Section 2-11.1 of the County Code to County personnel shall therefore
be applicable to City personnel who serve in comparable capacities to the County personnel
referred to therein.
Sec. 2-654. - Registration; ethics: fee; disclosure requirements; log of registered lobbyists;
exemptions from payment of fee; failure to register.
(a) A person may not lobby a City official, a City board member, the City Manager, or City staff,
until such person has registered as a lobbyist with the City Clerk and submitted a certificate
of completion, of an ethics course provided by the Miami -Dade County Commission on
Ethics Public Trust or the Gity completed within sixty (60)
days after registering. Such registration shall be due fatly within five (5) business
days of being retained as a lobbyist by a principal, prior to engaging in any type of lobbying
activityies, and shall be renewed on a yearly basis thereafter. The annual registration fee
for each lobbyist shall be $525.00 as an initial registration fee, plus an additional fee of
$105.00 for each principal represented for each issue lobbied on behalf of any one
principal. The registration fees required by this section shall be deposited by the City Clerk
into a separate account and shall be expended for purposes of recording, transcription,
administration, and/or any other associated costs incurred in maintaining these records for
availability to the public. The Gity GOMITIOGGOOR may, on its diGGFetien, waive the FegistFatiO14
Any person who is required to pay the
registration fee and who is unable to pay the registration fee without imposing an undue
burden on personal resources or on resources otherwise available to him or her shall upon
written certification of such inability given under oath to the City Clerk be exempt from
Paying the registration fee. Regardless of the date of the initial registration, all lobbyists'
registrations shall expire December 31 of each calendar year, and shall be renewed on a
calendar year basis.
Each Lobbyist shall within sixty (60) days after registering as a Lobbyist submit to the City
Clerk a certificate of completion of an ethics course offered by the Miami Dade County
Commission on Ethics and Public Trust ("Ethics Course") Lobbyists who have completed
the initial Ethics Course mandated by the Drecedinq sentence and who have continuously
registered as a Lobbyist thereafter shall be required to complete a refresher Ethics Course
every two (2) years. Each Lobbvist who has completed a refresher Ethics Course shall
submit to the City Clerk a certificate of completion within sixty (60) days after registering as
a Lobbyist.
A�b}(c) Within five (5) business days of being retained as a Lobbyist or before engaging in any
lobbying activities, whichever comes first eyery€yer-y person required to register as a
lobbyist shall:
%.ny VI mlami Page 3 of 6 File ID: 3152 (Revision: C) Printed on: 1/19/2018
File ID: 3152 Enactment Number: 13718
(1) Register on forms prepared by the City Clerk;
(2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each
principal represented and for each issue the lobbyist has been retained to lobby on
behalf of any one principal; and
(3) Disclose, under oath, the following information:
a. Lobbyist's name and business address;
b. Name and business address of each principal represented;
c. The specific issue on which he or she has been retained to lobby; and
d. If the lobbyist represents a corporation, partnership or trust, the name and
business address of the chief officer, partner or beneficiary of the corporation,
partnership or trust and the names and addresses of all persons holding, directly
or indirectly, at least five percent ownership interest in said corporation,
partnership or trust. A separate registration form shall be filed by the lobbyist and
an additional fee of $105.00 shall be paid for each principal represented and for
each issue the lobbyist has been retained to lobby on behalf of any one principal.
Such issue shall be described with as much detail as is practical, including, though
not limited to: a specific description (where applicable) of a pending request for
proposals, invitation to bid, ordinance, resolution, or a given item on the agenda.
The City Clerk or the Clerk's designee shall reject any registration statement which
does not provide a clear description of the specific issue on which such lobbyist
has been retained to lobby. Lebbyists shall register en Qr before ApFil 1, 1997, aid
�4) Submit a certificate of completion of the Ethics Course as provided under Section 2-
654(b) of the City Code.
{c}L4L In addition, every registrant shall be required to state under oath the existence of any
direct or indirect business association, partnership, or financial relationship with the Mayor,
any member of the City Commission, any member of a City board, the City Manager, or a
member of the City staff before whom he or she lobbies, or intends to lobby.
O)Lej The City Clerk shall maintain a log, which shall be updated on a quarterly basis by April
15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations
filed in accordance with this section and shall be distributed to the Mayor, and the City
Commission, and the Citv Manager.
(e, M The Mayor, all members of the City Commission, all members of City boards, the City
Manager, and City staff shall be diligent to ascertain that persons required to register
pursuant to this section have complied, by request"R9. and if necessary, request a record of
compliance from the City Clerk. The Mayor, members of the City Commission, of City
boards, the City Manager, and City staff may not knowingly permit a person who is not
registered pursuant to this section to lobby.
ff)� Each person who withdraws as a lobbyist for a particular principal shall file an
appropriate notice of withdrawal concerning representation for that principal. There shall be
no fee required for filing a notice of withdrawal.
¢g}Lhj The validity of any action or determination of the City Commission or any other City
board or committee shall not be affected by the failure of any person to comply with the
provisions of this section.
{#}Q The following persons shall be required to register but will be exempt from paying the
registration fee:
—Y "' ""p"" Page 4 of 6 File ID: 3152 (Revision: C) Printed on: 1/19/2018
File ID: 3152 Enactment Number: 13718
(1) A person who, pursuant to the terms of a collective bargaining agreement, has been
designated and is so recognized by the City as a representative of a collective
bargaining unit composed of City employees;
(2) i
. Those persons identified in Section 2-11.1(s) of the County
Code.
{i).Q All registration forms shall be open to the public upon the filing thereof.
Sec. 2-655. - Annual expenditures report.
A lobbyist shall annually submit to the City Clerk's office a signed statement under oath, as
provided herein, listing all lobbying expenditures and the sources from which funds for making
lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to:
meals, entertainment, travel, lodging, and gifts for public officers and employees for the
preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal
expenses for lodging, meals, travel, salary, and office expenses. Such statement of
expenditures for the preceding calendar year, entitled "Annual Expenditures Report" shall be
due on January 15 of each year. Such statement shall be rendered on the form provided by the
City Clerk's office and shall be open to public inspection. upong-tatemenshall be filer! even f
. If the Lobbyist had no
expenditures in the preceding calendar year, then he or she shall not be required to submit an
Annual Expenditures Report
Sec. 2-656. - Advisory opinions.
(a) A lobbyist, when in doubt about the applicability and interpretation of this article in a
particular context, shall submit in writing the facts for an advisory opinion by the City
Attorney. The City Attorney shall render advisory opinions to any lobbyist who seeks advice
as to whether the facts in a particular case would constitute a violation of this section. All
advisory opinions of the City Attorney shall be numbered, dated and furnished to the City
Clerk's and shall be open to public inspection.
(b) The City Clerk's office shall keep all advisory opinions of the City Attorney relating to
lobbyists and lobbying activities, as well as a current list of registered lobbyists and their
respective reports required under this article, all of which shall be open for public
inspection.
Sec. 2-657. - Penalties for violations.
(a) Any lobbyist who fails to file the annual expenditures report by the January 15 deadline
each calendar year shall be subject to a fine of ftLqjollars ,($550.00) per day for reports
filed after the due date.
(b) Upon verification of a lobbyist's failure to file the annual expenditures report, the City Clerk
shall notify the lobbyist by certified mail that the Annual
Expenditures Report must be filed within five (5) business days following receipt of the
notice. The name of any lobbyist who fails to comply with said requirement shall be
automatically removed from the list of active lobbyists. Should said person wish to re -
Page 5 of 6 File ID: 3152 (Revision: C) Printed on: 1/1912018
File ID: 3152
Enactment Number: 13718
register as a lobbyist, Wshe he or she shall submit a new registration form accompanied
by a $525.00 registration fee plus any and all outstanding fines accrued prior to re -
registration.
(c) The City Clerk shall submit a report to the City Commission as to those lobbyists who have
failed to comply with registration and/or the annual filing requirement of this section.
Sec. 2-658. - Contingency fees.
No person shall retain or employ a lobbyist for compensation based on a contingency fee,
and no person shall accept any such employment or render any service for compensation
based on a contingency fee.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective on January 1, 2018.2
APPROVED AS TO FORM AND CORRECTNESS:
"iadez,ity ttor ey 12/26/2017 Ina 4jde�z, ity ttor ey 1/19/2018
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
any or miam► Page 6 of 6 File ID: 3152 (Revision: C) Printed on: 1/1912018
City of Miami
- Legislation
° R 1 Ordinance 13718
File Number: 3152
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/14/2017
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER
2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEND
APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS
REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREMENTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Commission on Ethics and Public Trust in
consultation with the City of Miami ("City") has recommended that the City amend Chapter
2/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), to be consistent
with the minimum standards for Lobbyist registration in Section 2-11.1(s) of the Code of
Ordinances of Miami -Dade County, Florida, as amended; and
WHEREAS, persons appearing before the City Commission, the Mayor, City staff, City
boards, and City committees benefit from having Lobbyist registration requirements that are
more consistent and uniform;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE VI. LOBBYIST
Sec. 2-651. -Applicability.
Notwithstanding any provision in the Code of the City, as amended, to the contrary, the
fallowing Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as
amended ("County Code"), shall be applicable in the City.
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 1 of 6 File ID: 3152 (Revision: B) Printed On: 1/1912018
File ID: 3152 Enactment Number: 13718
Sec. 2-652. - Penalty.
Any person in violation of any provision of this article shall be subject to the penalty as
provided in section 1-13.
Sec. 2-653. - Definitions.
wry or miami Page 2 of 6 File ID: 3152 (Revision: B) Printed on: 1/1912018
zCTIMIZZIMMM
IM
TUM
wry or miami Page 2 of 6 File ID: 3152 (Revision: B) Printed on: 1/1912018
Fite ID: 3152 Enactment Number: 13718
self FepFesentatien to expFess support fei: or opposition to any ordinanGe, resolution, deGision G.F
Gii�r.
Lobby-i-st deeG ROt FneaR a pe Rg solely to provide faGtual information requested
,
whinh has retainer: a lobbyist
The definitions used in Section 2-11.1(s) of the County Code shall be applicable to this
Article. References in Section 2-11.1 of the County Code to County personnel shall therefore
be applicable to City personnel who serve in comparable capacities to the County personnel
referred to therein.
Sec. 2-654. - Registration; ethics; fee; disclosure requirements; log of registered lobbyists;
exemptions from payment of fee; failure to register.
(a) A person may not lobby a City official, a City board member, the City Managers or City staff,
until such person has registered as a lobbyist with the City Clerk and submitted a certificate
of completion, of an ethics course provided by the Miami -Dade County Commission on
Ethics Public Trust or the a Gity completed within sixty (60)
days after registering. Such registration shall be due 6 1^^I7 within five (5) business
days of being retained as a lobbyist by a principal, prior to engaging in any type of lobbying
activityies, and shall be renewed on a yearly basis thereafter. The annual registration fee
for each lobbyist shall be $525.00 as an initial registration fee, plus an additional fee of
$105.00 for each principal represented for each issue lobbied on behalf of any one
principal. The registration fees required by this section shall be deposited by the City Clerk
into a separate account and shall be expended for purposes of recording, transcription,
administrations and/or any other associated costs incurred in maintaining these records for
availability to the public. , OR its diGGFetiOR, waive the r-egistratk)A
hardship. Any person who is required to pay the
registration fee and who is unable to pay the registration fee without imposing an undue
burden on personal resources or on resources otherwise available to him or her shall upon
written certification of such inability given under oath to the City Clerk be exempt from
paving the registration fee. Regardless of the date of the initial registration, all lobbyists'
registrations shall expire December 31 of each calendar year, and shall be renewed on a
calendar year basis.
Each Lobbyist shall, within sixty (60) days after registering as a Lobbyist submit to the City
Clerk a certificate of completion of an ethics course offered by the Miami -Dade County
Commission on Ethics and Public Trust ("Ethics Course") Lobbyists who have completed
the initial Ethics Course mandated by the preceding sentence and who have continuously
registered as a Lobbyist thereafter shall be required to complete a refresher Ethics Course
every two (2) years. Each Lobbyist who has completed a refresher Ethics Course shall
submit to the City Clerk a certificate of completion within sixty (60) days after registering as
a Lobbyist.
{f�)(c) Within five (5) business des of being retained as a Lobbyist or before engaging in any
lobbying activities, whichever comes first evervElveFY person required to register as a
lobbyist shall:
City of Miami Page 3 of 6 File ID: 3152 (Revision: 8) Printed on: 111912018
File ID: 3152
Enactment Number: 13718
(1) Register on forms prepared by the City Clerk;
(2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each
principal represented and for each issue the lobbyist has been retained to lobby on
behalf of any one principal; and
(3) Disclose, under oath, the following information:
a. Lobbyist's name and business address;
b. Name and business address of each principal represented;
c. The specific issue on which he or she has been retained to lobby; and
d. If the lobbyist represents a corporation, partnership or trust, the name and
business address of the chief officer, partner or beneficiary of the corporation,
partnership or trust and the names and addresses of all persons holding, directly
or indirectly, at least five percent ownership interest in said corporation,
partnership or trust. A separate registration form shall be filed by the lobbyist and
an additional fee of $105.00 shall be paid for each principal represented and for
each issue the lobbyist has been retained to lobby on behalf of any one principal.
Such issue shall be described with as much detail as is practical, including, though
not limited to: a specific description (where applicable) of a pending request for
proposals, invitation to bid, ordinance, resolution, or a given item on the agenda.
The City Clerk or the Clerk's designee shall reject any registration statement which
does not provide a clear description of the specific issue on which such lobbyist
has been retained to lobby. Lobbyists shall register on OF before April 1, 1997, and
yearly theFeafter, on aGGGFdaRGe with the PFGV*SmGRS Of this .
(4) Submit a certificate of completion of the Ethics Course as provided under Section 2-
654(b) of the City Code.
(c)L4L In addition, every registrant shall be required to state under oath the existence of any
direct or indirect business association, partnership, or financial relationship with the Mayor,
any member of the City Commission, any member of a City board, the City Manager, or a
member of the City staff before whom he lobbies, or intends to lobby.
{}(e) The City Clerk shall maintain a log, which shall be updated on a quarterly basis by April
15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations
filed in accordance with this section and shall be distributed to the Mayor, aPA the City
Commission, and the City Manager.
(-eeMf The Mayor, all members of the City Commission, all members of City boards, the City
Manager, and City staff shall be diligent to ascertain that persons required to register
pursuant to this section have complied, byFequest ng and if necessary, request a record of
compliance from the City Clerk. The Mayor, members of the City Commission, of City
boards, the City Manager, and City staff may not knowingly permit a person who is not
registered pursuant to this section to lobby.
kf)& Each person who withdraws as a lobbyist for a particular principal shall file an
appropriate notice of withdrawal concerning representation for that principal. There shall be
no fee required for filing a notice of withdrawal.
{93fhj The validity of any action or determination of the City Commission or any other City
board or committee shall not be affected by the failure of any person to comply with the
provisions of this section.
4#)Q The following persons shall be required to register but will be exempt from paying the
registration fee:
wly of Miami Page 4 of 6 File ID: 3152 (Revision: B) Printed on: 111912018
File ID: 3152 Enactment Number: 13718
(1) A person who, pursuant to the terms of a collective bargaining agreement, has been
designated and is so recognized by the City as a representative of a collective
bargaining unit composed of City employees;
(2) i , )rnrnhttee, 9F beaFd OR behalf of the
or ,
FneFGhants' assOGatiGR. Those persons identified in Section 2-11.1(s) of the County
Code.
(4M All registration forms shall be open to the public upon the filing thereof
Sec. 2-655. - Annual expenditures report.
A lobbyist shall annually submit to the City Clerk's office a signed statement under oath, as
provided herein, listing all lobbying expenditures and the sources from which funds for making
lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to:
meals, entertainment, travel, lodging, and gifts for public officers and employees for the
preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal
expenses for lodging, meals, travel, salary, and office expenses. Such statement of
expenditures for the preceding calendar year, entitled "Annual Expenditures Report" shall be
due on January 15 of each year. Such statement shall be rendered on the form provided by the
City Clerk's office and shall be open to public inspection. SUGh statement shall befiled, even
theFe have been no expenditures during the preGediFIg GaleRdar yeaF. If the Lobbyist had no
expenditures in the preceding calendar year, then he or she shall not be required to submit an
Annual Expenditures Report.
Sec. 2-656. -Advisory opinions
(a) A lobbyist, when in doubt about the applicability and interpretation of this article in a
particular context, shall submit in writing the facts for an advisory opinion by the City
Attorney. The City Attorney shall render advisory opinions to any lobbyist who seeks advice
as to whether the facts in a particular case would constitute a violation of this section. All
advisory opinions of the City Attorney shall be numbered, dated and furnished to the City
Clerk's and shall be open to public inspection.
(b) The City Clerk's office shall keep all advisory opinions of the City Attorney relating to
lobbyists and lobbying activities, as well as a current list of registered lobbyists and their
respective reports required under this article, all of which shall be open for public
inspection.
Sec. 2-657. - Penalties for violations.
(a) Any lobbyist who fails to file the annual expenditures report by the January 15 deadline
each calendar year shall be subject to a fine of fifty dollars ($2550.00) per day for reports
filed after the due date.
(b) Upon verification of a lobbyist's failure to file the annual expenditures report, the City Clerk
shall notify the lobbyist by certified mail that the annual expeRditures rep Annual
Expenditures Report must be filed within five I;1 business days following receipt of the
notice. The name of any lobbyist who fails to comply with said requirement shall be
automatically removed from the list of active lobbyists. Should said person wish to re -
airy or miarnt Page 5 of 6 File ID: 3152 (Revision: 8) Printed on: 111912018
File ID: 3152
Enactment Number: 13718
register as a lobbyist, he/she he or she shall submit a new registration form accompanied
by a $525.00 registration fee plus any and all outstanding fines accrued prior to re -
registration.
(c) The City Clerk shall submit a report to the City Commission as to those lobbyists who have
failed to comply with registration and/or the annual filing requirement of this section.
Sec. 2-658. - Contingency fees.
No person shall retain or employ a lobbyist for compensation based on a contingency fee,
and no person shall accept any such employment or render any service for compensation
based on a contingency fee.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective on January 1, 2018.2
APPROVED AS TO FORM AND CORRECTNESS:
i ria i dez, ity Attor iey 12/26/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 6 of 6 File !D: 3152 (Revision: 8) Printed on: 1/19/2018