R5P - Amend Lobbyist Regulations

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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.   R5 V R5 K

December 17, 2025
Sponsors
City Attorney
Commissioner David Suarez
Commissioner David Suarez

Detailed Information

Cached: 18 minutes ago

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

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico

DATE:

DATE: December 17, 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:

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

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?

Yes

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

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

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