O-2018-10ORDINANCE NO. 2018 -10
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4 AN ORDINANCE OF THE VILLAGE COUNCIL, OF MIAMI SHORES VILLAGE,
5 FLORIDA, AMENDING THE MIAMI SHORES VILLAGE CODE, CHAPTER 2,
6 ARTICLE VII, BY REVISING VILLAGE CODE SECTION 2- 100(4) RELATING TO
7 EXCLUSIONS FROM CERTAIN PROVISIONS OF THE VILLAGE LOBBYIST
8 REGISTRATION ORDINANCE, PROVIDING FOR CONFLICT, PROVIDING FOR
9 SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
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12 WHEREAS, in connection with certain proceedings before the Miami -Dade County
13 Commission on Ethics (wherein allegations of certain improprieties relating to the Village's
14 application and enforcement of its lobbyist registration ordinance (Village Code Section 2 -100)
15 were found to be lacking in merit), staff of the Commission on Ethics recommended that the
16 Village consider certain revisions to the provisions of such ordinance; and
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18 WHEREAS, the Village Council appreciates such suggestions from the Commission on
19 Ethics, and finds the changes set forth in this Ordinance to be in the best interests of the Village;
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22 NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL:
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24 Section 1,. That Village Code Section 2 -100. Lobbyist Registration, is hereby
25 amended to repeal and replace Village Code Section 2- 100(4) "Exclusions" with the new Section
26 2- 100(4) as set forth in Exhibit "A" attached hereto and made a part hereof.
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28 Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
29 herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in
30 conflict with this Ordinance.
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32 Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
33 invalid or unconstitutional by any court of competent jurisdiction, then said holdings shall in no
34 way effect the validity of the remaining portions of this Ordinance which shall be deemed to be
35 severable therefrom.
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37 Section 4. This Ordinance shall become effective upon adoption on second reading.
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1 Passed on first reading this 1 °t day of May, 2018.
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4 Passed and adopted on second reading this 15t' day of May, 2018.
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15 AFOF lci TO FORM:
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17 A`
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19 Richard 3arafan
20 Village Attorney
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Olinn, Mayor
FINAL VOTES AT ADOPTION
Council Member Steven Zelkowitz
Council Member Jonathan Meltz
Council Member Alice Burch
Vice -Mayor Sean Brady
Mayor MacAdam Glinn
1 EXHIBIT "A"
2 Section 2- 100(4) "Exclusions"
3 (4) Exclusions. Notwithstanding anything to the contrary contained herein:
4 (a) Any public officer, employee or appointee who only appears in his or her official capacity
5 shall not be required to register as a lobbyist;
6 (b) Any person who only appears in his or her individual capacity for the purpose of self -
7 representation without compensation or reimbursement for the appearance, whether direct,
8 indirect or contingent, to express support of or opposition to any item, shall not be required to
9 register as a lobbyist. A principal of any corporation, partnership or other entity who appears as a
10 lobbyist on behalf of that entity, without special compensation or reimbursement for the
11 appearance, whether direct, indirect or contingent, to express support of or opposition to any item,
12 shall register with the Clerk as required by this subsection, but shall not be required to pay any
13 registration fees
14 (c) Any person who only appears as a representative of a not - for - profit corporation or entity
15 (such as a charitable organization, or a trade association or trade union), without special
16 compensation or reimbursement for the appearance, whether direct, indirect or contingent, to
17 express support of or opposition to any item, shall register with the Clerk as required by this
18 subsection, but, upon request, shall not be required to pay any registration fees.
19 (d) Individuals dealing with village staff, departments, officials boards, committees or
20 agencies, in the course and scope of their practice of a duly licensed profession, regulated by the
21 State of Florida or any agency thereof, (such as, for example, attorneys, architects, engineers,
22 realtors and the like) shall not be required to pay a registration fee.
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