R5V - Amend Lobbyist Registration, Disclosure, Penalties
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ADMINISTRATION,” ARTICLE VII, ENTITLED “STANDARDS OF CONDUCT,” DIVISION 3, ENTITLED “LOBBYISTS,” BY AMENDING SECTION 2-481, ENTITLED “DEFINITIONS,” TO AMEND DEFINITIONS APPLICABLE TO THIS DIVISION, BY AMENDING AND REVISING THE TITLE FOR SECTION 2-483, “EXCEPTIONS TO REGISTRATION; WRITTEN DISCLOSURE REQUIREMENT FOR PERSONS EXCLUDED FROM THE DEFINITION OF LOBBYIST,” TO CLARIFY AND RESTATE THE WRITTEN DISCLOSURE REQUIREMENT FOR PERSONS EXCLUDED FROM THE DEFINITION OF LOBBYIST, BY AMENDING SECTION 2-485.1, “PENALTIES,” TO CLARIFY PROVISIONS RELATING TO ENFORCEMENT BY THE MIAMI-DADE COUNTY COMMISSION ON ETHICS, BY AMENDING SECTION 2-485.3, “CONTINGENCY FEE PROHIBITED,” TO ADOPT CLARIFYING AMENDMENTS TO THE PROHIBITION ON THE GIVING OR ACCEPTANCE OF A CONTINGENCY FEE IN CONNECTION WITH APPEARANCES BEFORE THE CITY, AND FINALLY, BY AMENDING OTHER SECTIONS IN DIVISION 3 TO EFFECTUATE THE INTENT OF THIS ORDINANCE; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 2 days agoOrdinances - R5 R5V
COMMISSION MEMORANDUM
11:05 a.m. First Reading Public Hearing
BACKGROUND/HISTORY
At the request of Commissioner David Suarez, the attached Ordinance has been placed on the City Commission meeting agenda for First Reading.
The City’s registration requirements for lobbyists and individuals excluded from the definition of “lobbyist” are set forth in Chapter 2, Article VII, Division 3 of the City Code.
Section 2-11.1 of the Miami-Dade County Code, known as the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance, establishes a “minimum standard of ethical conduct and behavior,” including minimum lobbyist registration requirements, which apply to the County and all municipalities within Miami-Dade County.
ANALYSIS
The purpose of this Ordinance is to amend the definitions applicable to Chapter 2, Article VII, Division 3 of the Code, clarify and restate the written disclosure requirement for persons excluded from the definition of “lobbyist,” clarify that this Division is enforceable against a person who is acting or appearing on behalf of an entity, and adopt clarifying amendments to the prohibition on the giving or acceptance of a contingency fee in connection with appearances before the City.
A more detailed summary of amendments is as follows:
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Amend the definition of “departmental personnel” and adopt a definition of “City personnel” in a manner consistent with the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. Require a representative of a neighborhood association to register as a lobbyist if the association or its designee will receive any monetary or nonmonetary consideration in connection with its appearance before the City. (This is in addition to the existing requirement that a representative of a neighborhood association is required to register as a lobbyist if the representative will receive compensation or reimbursement for the appearance.) Amend the separate registration requirement for individuals excluded from the definition of “lobbyist,” to refer to the alternative registration requirement as a “written disclosure” and clearly state what information must be provided. Amend the enforcement and penalty provisions to make clear that the requirements of this Division of the Code are enforceable by the Miami-Dade County Commission on Ethics and Public Trust against “a person who is acting or appearing on behalf of an entity.” Revise the contingency fee prohibition in Section 2-485.3 of the City Code to clarify that (i) the prohibition applies to both persons (including a person who is acting or appearing on behalf of an entity) and entities; and (ii) Section 2-485.3 only applies to lobbyists and persons specifically excluded from the definition of “lobbyist” in Section 2-481.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
If the Ordinance is adopted at First Reading, a Second Reading/Public Hearing will be scheduled at a future date.
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
No
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
11:05 a.m. 1st Rdg PH, Miami Beach Lobbying Ordinance. (Suarez) CA
Previous Action (For City Clerk Use Only)