Miami-Dade Legislative Item
File Number: 040706
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File Number: 040706 File Type: Ordinance Status: Adopted
Version: 0 Reference: 04-119 Control: County Commission
File Name: CONFLICT OF INTEREST/NONPROFIT ORGANIZATIONS Introduced: 3/8/2004
Requester: NONE Cost: Final Action: 6/8/2004
Agenda Date: 6/8/2004 Agenda Item Number: 6B
Notes: six week public hearing Title: ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(E) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT COMMISSIONERS MAY SOLICIT GIFTS ON BEHALF OF NONPROFIT ORGANIZATIONS; PROVIDING FOR DISCLOSURE OF GIFTS HAVING A VALUE IN EXCESS OF $100.00; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONFLICT OF INTEREST/CODE OF ETHICS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/8/2004 6B Adopted P

Governmental Operations and Environment Committee 5/18/2004 3A Forwarded to BCC with a favorable recommendation P
REPORT: Chairperson Seijas announced that the foregoing proposed ordinance was open for public participation. There being no one to appear, the public hearing was closed. The Committee proceeded to vote on the foregoing item, as presented.

Board of County Commissioners 3/18/2004 13W Adopted on first reading 5/18/2004 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Governmental Operations and Environment Comittee Meeting of May 18, 2004 at 9:30 a.m.

Board of County Commissioners 3/16/2004 Scheduled for a public hearing Governmental Operations and Environment Committee 5/18/2004

Board of County Commissioners 3/16/2004 13W Carried over 3/18/2004

County Attorney 3/8/2004 Assigned Governmental Operations and Environment Committee 5/18/2004

County Attorney 3/8/2004 Assigned Gerald K. Sanchez 3/8/2004

Legislative Text


TITLE
ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 211.1(e) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT COMMISSIONERS MAY SOLICIT GIFTS ON BEHALF OF NONPROFIT ORGANIZATIONS; PROVIDING FOR DISCLOSURE OF GIFTS HAVING A VALUE IN EXCESS OF $100.00; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Section. 2-11.1. Conflict of Interest and Code of Ethics Ordinance.

* * *

(e) Gifts.

* * *

(2) Exceptions. The provisions of subsection (e)(1) shall not apply to:

a. Political contributions specifically authorized by State law;


b. Gifts from relatives or members of one's household;

c. Awards for professional or civic achievement;

d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature;

e. Gifts solicited by County employees or departmental personnel on behalf of the County in the performance of their official duties for use solely by the County in conducting its official business;

f. Gifts solicited by Commissioners on behalf of the County in the performance of their official duties for use solely by the County in conducting its official business.

>> g. Gifts solicited by Commissioners on behalf of any nonprofit organization for use solely by that organization where neither the Commissioner nor his or her staff receives any compensation as a result of the solicitation. As used in this subsection, a “nonprofit organization” shall mean any entity described in section 501(c)(3) of the Internal Revenue Code (the “Code”) that is tax exempt under section 501(a) of the Code. As used in this subsection, “compensation” means any money, gift, favor, political contribution, thing of value or other financial benefit.<<

* * *

(4) Disclosure. Any person included in the term defined in subsection (b)(1) through (6) shall disclose as provided herein any gift, or series of gifts from any one person or entity, having a value in excess of [[twenty-five dollars ($25.00)]] >>one hundred dollars ($100.00)<<. Said disclosure shall be made by filing a copy of the disclosure form required by Chapter 112, Florida Statutes, for "local officers" with the Clerk of the Board of County Commissioners simultaneously with the filing of the form with the Secretary of State.

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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