O-656-06 ORDINANCE NO. 656-06
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, CREATING
CHAPTER 2, ARTICLE VII, SECTION 2-100, ET SEQ. OF MIAMI SHORES
VILLAGE CODE, ESTABLISHING A PROCEDURE FOR LOBBYIST
REGISTRATION, PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Village Council of Miami Shores Village has previously determined that
there exists a need for a mechanism to register lobbyists wishing to speak to the Council on
behalf of clients they represent; and
WHEREAS, it is in the best interests of the Village to enact an Ordinance which will
regulate and set forth a procedure for lobbyist registrations,
NOW THEREFORE, be it Ordained by the Village Council of Miami Shores Village
Florida that:
Section 1. The Miami Shores Village Code of Ordinances is hereby amended to add a
new Chapter 2, Article VII, Sections 2-100 et seq. which shall read in its entirety, as follows:
Section 2-100—Lobbyist Registration
(A) Definitions: For the purpose of this section, the following terms shall have the
definitions contained herein:
(1) "Lobbyist" means any person directly or indirectly employed or retained,
for compensation, to act on behalf of a principal for the purpose of seeking to influence
any official action of the Village by seeking to encourage the approval, defeat, or
modification of any of the following:
(a) Any ordinance, resolution, official action or official decision of the
Village Council;
(b) Any official action of any individual member or members of the
Village Council (including, for example, those circumstances
where individual council members may be afforded rights to
appoint members of boards or committees);
(c) Any official action, decision or recommendation of any Village
Board, committee, or agency; and
(d) Any official action, decision or recommendation of the Village
Manager, or Village department heads, with regard to any matter
which foreseeably will be heard or reviewed by the Village Council
or a Village board, committee, or agency.
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(2) "Compensation" means payment, promise of payment or expectation of
payment of anything of value.
(3) "Principal" means a natural person, firm, corporation or other business
entity that has employed or retained a lobbyist.
(B) (1) Registration and Filing Requirements. All lobbyists shall, before engaging in
any lobbying activities, register with the Clerk. Every person required to register shall
register on forms prepared by the Clerk, pay a registration fee of $75.00 and disclose
under oath:
(a) The name and business address of lobbyist;
(b) The name and business address of principal;
(c) The identity of all officials or personnel sought to be
lobbied; and
(d) The specific issue on which the lobbyist has been employed
to lobby.
(2) Disclosure. If the lobbyist represents a corporation, partnership or trust, the
chief officer, partner or beneficiary thereof shall also be identified. Without limiting the
foregoing, the lobbyist shall also identify all persons holding directly or indirectly, a ten
(10)percent or more ownership interst in the corporation,partnership or trust.
(3) Change or modification of information. Any changes or additions to any
information originally filed shall require the lobbyist to file an amendment to the
registration forms, although no additional fee shall be required for such amendment. The
lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(4) Exclusions. Notwithstanding anything to the contrary contained herein,
individuals dealing with Village staff, departments, officials, boards, committees or
agencies in the course and scope of their practice of a duly licensed profession, regulated
by the State of Florida or any agency thereof, (such as, for example, attorneys, architects,
engineers, realtors and the like) shall not be required to register as lobbyists in connection
with such dealings provided, however, that, in connection with each such matter in which
a licensed professional represents a principal in matters pending before the Village, the
licensed professional discloses to the Village the fact of such representation and identity
of the principal represented, in writing, prior to or at the inception of any such lobbying
activities, and provides a copy of such disclosure to the clerk.
Section 2: All ordinances, or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
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Section 3: 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 effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 4. This Ordinance shall take effect immediately upon adoption on second and
final reading..
PASSED ON FIRST READING,this 7`" day of arch , 2006.
PASSED AND ADOPTED ON SECOND READ , t s 21S` day of_March , 2006.
Al Davis, Mayor
ATTEST:
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Barbara Estep, CMC,Villa e Clerk
APPROVED AS TO FORM:
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Richard Sarafan, Village A rney