Miami-Dade Legislative Item
File Number: 100074
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File Number: 100074 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-03 Control: Board of County Commissioners
File Name: CSBE & SBE LOBBYIST REGISTRATION FEES Introduced: 1/13/2010
Requester: NONE Cost: Final Action: 1/21/2010
Agenda Date: 1/21/2010 Agenda Item Number: 7D
Notes: Title: ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(S) TO PROVIDE THAT ANY PERSON WHO APPEARS AS A LOBBYIST ON BEHALF OF A CERTIFIED SMALL BUSINESS ENTERPRISE OR COMMUNITY SMALL BUSINESS ENTERPRISE SHALL NOT BE REQUIRED TO PAY LOBBYIST REGISTRATION FEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 092618 AND 093172]
Indexes: COMMUNITY SMALL BUSINESS ENTERPRISE
  CONFLICT OF INTEREST/CODE OF ETHICS
  FEE
  LOBBYISTS
  ORDINANCE AMENDING
  SMALL BUSINESS ENTERPRISE
Sponsors: Audrey M. Edmonson, 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 1/21/2010 7D Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

County Attorney 1/13/2010 Assigned Gerald K. Sanchez 1/13/2010

Health, Public Safety & Intergovernmental Cmte 12/10/2009 2C SUBSTITUTE AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing. She closed the public hearing after no one appeared before the Committee in connection with this ordinance. Commissioner Diaz noted an ordinance already existed that accomplished the intent of this proposed ordinance. Assistant County Attorney Sanchez explained that the existing Miami-Dade County Code required that all of the entities register and pay the lobbyist registration fees. Whereas this proposal would require that the entities to register, but would exempt those entities identified in this ordinance from registration fees. In response to Commissioner Diaz’ comments, Commissioner Edmonson explained the intent of this proposed ordinance. Mr. Robert Meyers, Executive Director, Commission on Ethics and Public Trust, appeared before the Committee, and concurred with Commissioner Edmonson’s explanation that a principal of a company must register as a lobbyist. Commissioner Diaz stated that the principal/owner of the company should have the right to speak for its company without compensation and should not be required to pay the lobbyist registration fees. A discussion ensued between Commissioner Diaz and Mr. Meyers regarding a policy matter for the County Commission and whether to amend this proposed ordinance to state a principal/company shall not be required to register or pay the lobbyist registration fee. Following the discussion between Commissioner Diaz and Mr. Meyers, Assistant County Attorney Sanchez stated Commissioner Diaz’ proposed amendment was beyond the scope of this ordinance. Further discussion ensued among Chairwoman Heyman, Commissioner Diaz and Assistant County Attorney Sanchez regarding the amended language offered by Chairwoman Heyman to specify a principal of that entity, instead of just any person, as proposed in this ordinance. It was moved by Commissioner Sosa and seconded by Commissioner Diaz that the foregoing proposed ordinance be amended. Commissioner Diaz asked the Assistant County Attorney Gerald Sanchez to prepare legislation to provide that the principal owner of any company doing business with the County no longer be required to pay lobbyist registration fees. Chairwoman Heyman and Commissioners Diaz and Sosa asked that they be listed as co-sponsors on this proposed ordinance. Hearing no objections, the Committee proceeded to vote on the motion to forward the foregoing proposed ordinance to the BCC with a favorable recommendation with Committee amendment(s) to include language providing that ...“any principal who only appears as a representative of a certified Micro Enterprise as defined in section 2-8.1.1.1.1 of the Code, as a representative of a certified Level 1 Community Small Business Enterprise, as defined in section 10-33.02 or as a representative of a certified Tier I Community Business Enterprise, as defined in section 2-10.4.01 shall register with the Clerk as required by this subsection, but, upon request, shall not be required to pay any registration fees...”

Legislative Text


TITLE
ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(S) TO PROVIDE THAT ANY PERSON WHO APPEARS AS A LOBBYIST ON BEHALF OF A CERTIFIED SMALL BUSINESS ENTERPRISE OR COMMUNITY SMALL BUSINESS ENTERPRISE SHALL NOT BE REQUIRED TO PAY LOBBYIST REGISTRATION FEES; 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 to read as follows:1
Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance.

* * *

(s) Lobbying.

(1) (a) As used in this section, "County personnel" means those County officers and employees specified in Section 211.1(i)(2) of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance.

(b) As used in this section, "Lobbyist" means all persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the County Commission; (2) any action, decision, recommendation of the County Manager or any County board or committee; or (3) any action, decision or recommendation of County personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the County Commission, or a County board or committee. "Lobbyist" specifically includes the principal as well as any employee whose normal scope of employment includes lobbying activities. The term "Lobbyist" specifically excludes the following persons: attorneys or other representatives retained or employed solely for the purpose of representing individuals, corporations or other entities during publicly noticed quasi-judicial proceedings where the law prohibits ex-parte communications; 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; any person who only appears as a representative of a not-for-profit community based organization for the purpose of requesting a grant without special compensation or reimbursement for the appearance; and employees of a principal whose normal scope of employment does not include lobbying activities.

(2) All lobbyists shall register with the Clerk of the Board of County Commissioners within five (5) business days of being retained as a lobbyist or before engaging in any lobbying activities, whichever shall come first. Every person required to so register shall:

(a) Register on forms prepared by the Clerk;

(b) State under oath his or her name, business address and the name and business address of each person or entity which has employed said registrant to lobby. If the lobbyist represents a corporation, the corporation shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five (5) percent or more ownership interest in such corporation, partnership, or trust. Registration of all lobbyists shall be required prior to January 15 of each year and each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. The fee for annual registration shall be four hundred and ninety dollars ($490.00). Every registrant shall be required to state the extent of any business or professional relationship with any current person described in subsection (b)(1). The registration fees required by this subsection shall be deposited by the Clerk into a separate account and shall be expended for the purpose of recording, transcribing, administration and other costs incurred in maintaining these records for availability to the public. There shall be no fee required for filing a notice of withdrawal and the Board of County Commissioners may, in its discretion, waive the registration fee upon a finding of financial hardship.

(c) Prior to conducting any lobbying, all principals must file a form with the Clerk of the Board of County Commissioners, signed by the principal or the principal's representative, stating that the lobbyist is authorized to represent the principal. Failure of a principal to file the form required by the preceding sentence may be considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. Each principal shall file a form with the Clerk of the Board at the point in time at which a lobbyist is no longer authorized to represent the principal.

(3) (a) Any public officer, employee or appointee who only appears in his or her official capacity shall not be required to register as a lobbyist.

(b) Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist.

(4) Any person who only appears as a representative of a not-for-profit corporation or entity (such as a charitable organization, or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall register with the Clerk as required by this subsection, but, upon request, shall not be required to pay any registration fees. >> Any<< [[person]] >>principal<<2 >> who only appears as a representative of a certified Micro Enterprise, as defined in section 2-8.1.1.1.1 of the Code, as a representative of a certified Level I Community Small Business Enterprise, as defined in section 10-33.02 or as a representative of a certified Tier 1 Community Business Enterprise, as defined in section 2-10.4.01, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall register with the Clerk as required by this subsection, but, upon request, shall not be required to pay any registration fees.<<

* * *

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.
2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.



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