R5P - Amend Lobbyist Regulations

Ordinances - R5 P

R5 P 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. Applicable Area:

COMMISSION MEMORANDUM

DATE:

DATE:	October 29, 2025	10:45 a.m. Second Reading Public Hearing
TITLE:	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.

BACKGROUND/HISTORY

This Ordinance, which was sponsored by Commissioner David Suarez, was adopted by the City Commission following Second Reading/Public Hearing on September 17, 2025 (See Ordinance No. 2025-4775, attached to this Memorandum). The Ordinance is the subject of a Motion for Reconsideration, which has also been placed on the October 29, 2025 City Commission meeting agenda. The Ordinance will only be heard at the October 29, 2025 meeting if the Motion for Reconsideration is first adopted by the City Commission.

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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• •

• •

• •

• •

At Second Reading on September 17, 2025, the Ordinance was amended to require a lobbyist to provide a written disclosure to the City Clerk if the lobbyist provides, or has agreed to provide, consideration (whether monetary or non-monetary), valued at $1,000 or more, to a neighborhood association or its designee for purposes of supporting or withholding objection with regard to a matter before the City Commission or any board or committee. Amendment to the definition of “departmental personnel” and adoption of a definition of “City personnel” in a manner consistent with the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. Amendment to 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. Amendment to 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.” Revisions to the contingency fee prohibition in Section 2-485.3 of the City Code to clarify that 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

This Ordinance is not expected to have a fiscal impact on the City’s resources.

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 09/05/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

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

10:45 a.m. 2nd Rdg., Reconsideration of MB Lobbying Ordinance 2025-4775. (Suarez) CA

Previous Action (For City Clerk Use Only)

First Reading Public Hearing on 9/3/2025 – R5 V Second Reading Public Hearing on 9/17/2025 – R5 K Reconsideration of Second Reading Public Hearing on 9/17/2025 - R5 K

NO.

ORDINANCE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE

OF CITY THE CODE OF

ARTICLE

ADMINISTRATION,"

ENTITLED "

ENTITLED " 3, CONDUCT," DIVISION

DEFINITIONS,"

SECTION 2- 481, ENTITLED "

APPLICABLE TO THIS DIVISION, BY AMENDING AND REVISING THE

SECTION

2- 483, "

SECTION 2- 483, " FOR TITLE

WRITTEN DISCLOSURE

REQUIREMENT

OF LOBBYIST,"

THE DEFINITION

FROM

DISCLOSURE

WRITTEN

DISCLOSURE	WRITTEN	THE
EXCLUDED	FROM THE DEFINITION
PENALTIES,"	2- 485. 1, "	SECTION

ENFORCEMENT

RELATING

TO

BY	ETHICS,	ON	COMMISSION
PROHIBITED,"	FEE	CONTINGENCY
PROHIBITION	TO	AMENDMENTS	THE

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

AND THIS ORDINANCE;

CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

WHEREAS, the City' s registration requirements for lobbyists and individuals excluded

from the definition of" IobbyisY' are set forth in Chapter 2, Article VII, Division 3 of the City Code;

and

WHEREAS, the Mayor and City Commission desire to amend Chapter 2, Article VII, Division 3 of the City Code to amend the definitions applicable to this Division 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.

BE DULY IT THEREFORE, NOW,

COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:

That Section 2- 481 of Chapter 2 of the Miami Beach City Code is hereby amended

1.

SECTION

to state as follows:

CHAPTER 2

ADMINISTRATION

ARTICLE VII. STANDARDS

2025- 4775

ENTITLED

BEACH,

MIAMI

OF STANDARDS ENTITLED " VII,

BY AMENDING

LOBBYISTS,"

TO AMEND DEFINITIONS

EXCEPTIONS

EXCEPTIONS TO REGISTRATION;

FOR PERSONS EXCLUDED

TO CLARIFY AND RESTATE

PERSONS

REQUIREMENT

PERSONS	REQUIREMENT	FOR
BY AMENDING	OF LOBBYIST,
PROVISIONS	CLARIFY	TO
MIAMI- DADE	COUNTY	BY THE
SECTION	2- 485. 3,	AMENDiNG
CLARIFYING	ADOPT	TO
GIVING	OR	ON	THE
REPEALER,	PROVIDING	FOR

ORDAINED

OF CONDUCT

DIVISION 3.

Sec. 2- 481. Definitions.

The following words, terms and phrases, when used in this division, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a different

meaning:

Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority,

personnel board, pension boards, and such other autonomous or semi- autonomous authorities,

day- to- day policy management of certain defined functions or areas of responsibility. with entrusted

entrusted and are boards agencies as

personnel includes personnel

includes personnel advisory City

personnel and quasi- iudicial personnel.

Commissioners means the mayor and members of the city commission.

Community based organization means a not-for-profit association or corporation organized under state or local law to engage in community development activities ( including, but

not limited to, housing and economic development activities) and has as its primary purpose the improvement of the physical, economic or social environment by addressing one or more of the

critical needs of the area, with particular attention to the needs of people with low or moderate

incomes.

the personnel means Departmental

deputv assistant and all heads, department

department with the rank of captain maior or chief buildinq and zoninq inspectors, the city

attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings and anv matters emplovee when of a citv the

to with the division department authoritv

division department authoritv or

communication involves such procurement, shall not be included for purposes of this division.

Lobbyist means all persons employedl e retained or desiqnated, whether paid or not, by

a principal who seeks to encourage the passage, defeat or modification of any ordinance,

resolution, action or decision of any commissioner; any action, decision, recommendation of the

city manager or any city board or committee; or any action, decision or recommendation of any

city personnel

making process on such action, decision or recommendation that foreseeably will be heard or

reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any employee engaged in lobbying activities. The term " IobbyisY' specifically

excludes the following persons:

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; and

LOBBYISTS

operation

and

the

setting,

departmental

departmental	personnel,	autonomous
all	assistant	managers,	all

department

in procurement

participate

during the time period of the entire decision-

2

any person who only appears as a representative of not-for-profit community based

organization

for the purpose of requesting

reimbursement for the appearance.

The persons specifically excluded above from the definition of " IobbyisY' shall, prior to

with the citv commission or

commission or communicating

written disclosure to the city clerk, pursuant to section 2- 483( b), that includes their name, address,

and principal on whose behalf they are communicating.

Neighborhood association means an organization of residential homeowners and tenants

created to address quality of life issues in a defined neighborhood or community. Neiqhborhood

association shall also mean a residential condorninium or cooperative association.

Quasi judicial personnel the members means

adjustment, the desiqn review board, the historic preservation

agencies of the city that perform such quasi- judicial functions. The nuisance abatement board, special magistrate hearings and administrative hearings shall not be included for purposes of this

division as to those individuals compelled to appear

SECTION 2. That Section 2- 482 of Chapter 2 of the Miami Beach City Code is hereby amended

to state as follows:

Sec. 2- 482. Registration;

disclosures.

A lobbyist shall be required to disclose in writinq to the citv clerk if the lobbyist provides or

aqreed directly indirectly, has to or provide,

at $ 1, 000 or more, to a neiqhborhood

at $ 1, 000 or more, to a neiqhborhood valued monetary),

purposes of supportinq or withholdinq its obiection with reqard to a matter before the city

commission,

or anv citv board or committee.

That Section 2- 483 of Chapter 2 of the Miami Beach City Code is hereby amended

SECTION 3.

to state as follows:

Exceptions to Registration; Section 2- 483.

Excluded from the Definition of Lobbyist.

Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist.

a)

b)

Any person who only appears in his individual capacity, for the purpose of self- representation

without compensation or reimbursement, whether direct or indirect, to express support of or

opposition to any item, shall not be required to register as a lobbyist_ Any person specificallv

excluded from the definition of lobbyist in section 2- 481 shall not be required to reqister as a

lobbyist, but shall be required to complete and submit a separate written disclosure for each

issue on which the person appears, on a form maintained bv the city clerk, identifyinq the person' s name, address, and the principal on whose behalf they are communicatinq.

Aall shall Furthermore, sesia+ e

Furthermore, sesia+ e a speakers

a grant without special compensation

or

submit	a	personnel,
planning board, the board of board, and such other boards and	of the
before	said agencies.
consideration ( whether	monetary	or	non-

association or its desiqnee for

Written	Disclosure	Requirement	for Persons
sign up on forms or siqn- in loqs	e	e nfe

3

available at the public hearing. Additionally, any person requested to appear before any city

personnel, board or commission, or any person compelled to answer for or appealing a code

board hearing, a special magistrate hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. abatement

hearing, a special magistrate hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. abatement violation, a nuisance

SECTION 4.

SECTION 4. Millage
That Section 2- 485. 1 of Chapter 2 of the Miami Beach City Code is hereby amended mills

to state as follows:

Sec. 2- 485. 1.

Penalties.

A finding by the Miami- Dade County Commission on Ethics and Public Trust that a person

a)

includinq a person who is actinq or appearinq on behalf of an entity) has violated this division

shall subject said person to those penalties

of the AAe# spe ac Miami- Dade County Code, said penalties including admonition, public reprimand, fines, as well as prohibitions from registering as a lobbyist or engaging in lobbying activities before the city.

Also, a bidder or proposer shall be subject to the debarment provisions of chapter 2, article VI division 5 of this Code as if the bidder or proposer were a contractor where the bidder or proposer has violated this division either directly or indirectly or any combination thereof, on

three 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 vio ation of this division shall also render the contract voidable. The city manager shall include the provisions of this subsection in all city bid documents, RFP, RFQ, RFLI; provided, however, that failure to do so shall not render any contract entered into as the result of such failure illegal per se.

the validity of any action or determination of the city commission or city personnel, board or committee, shall not be in Except b) provided subsection ( a) as otherwise

affected by the failure of any person to comply with the provisions of this division.

That Section 2- 485. 3 of Chapter 2 of the Miami Beach City Code is hereby amended

SECTION 5.

to state as follows:

Sec. 2- 485.3. Contingency fee prohibited.

No person includinq a person who is actinq or appearinq on behalf of an entitv) or entity

may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person or

entity. No person ( includinq a person who is actinq or appearinq on behalf of an entity) or entity

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 compensation

which is dependent on or in any way contingent on the passage, defeat, or modification of:

An ordinance, resolution, action or decision of the city commission;

1)

Any action, decision or recommendation

2)

committee; or

set forth 2- 11. 1( and ( subsections s) cc) within

herein,

of the city manager or any city board or

4

3)

Any action, decision or recommendation of the citv commission or anv other city 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 city commission, or a city board or committee.

b) Applicabilitv. This section shall only apply to lobbvists and qersons specificaNv excluded

from the definition of" lobbyist" in section 2- 481

SECTION 6.

REPEALER.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION

SEVERABILITY,

SECTION SEVERABILITY, 7.

If any section, sentence, clause or phrase of this ordinance is held to be invalid or

unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the

validity of the remaining portions of this ordinance.

SECTION 8.

CODIFICATION.

It is the intention of the Mayor and City commission of the City of Miami Beach, and it is

hereby ordained that the provisions of this ordinance shall become and be made a part of the

Code of the

City of Miami Beach, Florida. The sections of this ordinance may be renumbered or

re- lettered to accomplish such intention, and the word " ordinance" may be changed to " section,"

or other appropriate word.

article,"

SECTION 9.

EFFECTIVE

DATE.

This Ordinance shall take effect ten days following adoption.

PQSSED AND QDOPTED this 17th day of September, 2025.

ATTEST:

t = ;"

j

E, Rafael ranado, City Clerk

Sponsored by Commissioner David Suarez)

Steven Meiner, Mayor

APPROVED AS TO

FORM AND LANGUAGE

FOR EXECUTION

91 -

Zs-

City Attorney

Date

5