02-21-201310
Agenda
I. Call to Order
II. Approval of Minutes — December 6, 2012
III. New Board Members - Orientation
IV. Staff Reports — Schedule of Events, Overview of Community
Services Department's Activities, Go Green Symposium
V. New Business
VI. Adjournment
This meeting is open to the public. Notice pursuant to Section 286.0105, Florida Statutes, if
applicable, is hereby incorporated by reference.
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-
8901, not later than two days prior to such proceeding. Please be advised that one or more members of the Aventura City
Commission may attend this meeting.
COMMUNITY SERVICES ADVISORY BOARD MEETING
/ December 6, 2012— 11 a.m.
Government Center
"�' ° ✓E `e Executive Conference Room
Aventura, Florida 33180
Due to the lack of quorum, no formal action was taken. Members present included
Ruthe Cohen, Jonathan Evans and Julie Israel. Community Services Department
Director Robert M. Sherman provided an update on the shuttle bus service, youth
sports, distributed a calendar for January — June 2013 and a draft application for the
2013 Go Green program. City Manager Eric M. Soroka advised the Board that their
terms of office have expired and the Commission will be reviewing applications and
discussing appointments at the Commission Workshop Meeting in January 2013.
There being no further discussion, the meeting was adjourned at 11:15 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Board on
I. Call to Order: The meeting was called to order by Chairperson Jonathan Evans
at 11:00 a.m.
Members present: Ruthe Cohen
Jonathan Evans
Jaquelina Levy Hara
Gary Pyott
Julie Shapiro
Members Absent: Julie Israel
II. Approval of Minutes: A motion to approve the minutes of the June 28, 2012
meeting was offered by Mr. Pyott, seconded by Mrs. Cohen and unanimously
passed.
III. Staff Reports: Community Services Department Director Robert M. Sherman
discussed the following: summer camp, youth sports programs, bus ridership,
flag football, Veterans Day, Founders Day, and Halloween program.
The next meeting was scheduled for December 6, 2012 at 11 a.m.
IV. Adjournment: There being no further business to come before the Board, after
motion made, seconded and unanimously passed, the meeting was adjourned at
11:22 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Board on
COMMUNITY SERVICES ADVISORY BOARD MEETING
September 6, 2012— 11 a.m.
Government Center
Executive Conference Room
Aventura, Florida 33180
I. Call to Order: The meeting was called to order by Chairperson Jonathan Evans
at 11:00 a.m.
Members present: Ruthe Cohen
Jonathan Evans
Jaquelina Levy Hara
Gary Pyott
Julie Shapiro
Members Absent: Julie Israel
II. Approval of Minutes: A motion to approve the minutes of the June 28, 2012
meeting was offered by Mr. Pyott, seconded by Mrs. Cohen and unanimously
passed.
III. Staff Reports: Community Services Department Director Robert M. Sherman
discussed the following: summer camp, youth sports programs, bus ridership,
flag football, Veterans Day, Founders Day, and Halloween program.
The next meeting was scheduled for December 6, 2012 at 11 a.m.
IV. Adjournment: There being no further business to come before the Board, after
motion made, seconded and unanimously passed, the meeting was adjourned at
11:22 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Board on
§ 2 -124 AVENTURA CODE
Sec. 2 -124. Rules of procedure.
(a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the
City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently
revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The
Board may create additional rules for the conduct of its internal proceedings.
(b) During the first meeting of the Board, the members shall elect one of their number to
act as Chairman and may elect a Vice - Chairman.
(c) Four members shall constitute a quorum for the transaction of business of the Board.
Official action shall be taken by the Board only upon the concurring vote of a majority of the
members present at an official meeting of the Board, except that at least four affirmative votes
shall be required for official action.
(Ord. No. 2001 -08, § 2, 7 -3 -01; Ord. No. 2005 -04, § 2, 5 -3 -05)
Sec. 2 -125. Jurisdiction.
The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form
of a written recommendation of advice to the City Manager and City Commission or a
recommendation by motion of the Board. The following matters shall be within the advisory
jurisdiction of the Board:
(1) Stimulate greater public awareness and encourage participation by the community in
beautification and go green initiative by establishing recognition programs.
(2) Review and provide input on special events, recreation activities, senior and youth
programs, go green initiatives and the shuttle bus services.
(3) Act as the City's Tree Board for the Tree City U.S.A. requirements.
(4) Other matters assigned by the City Commission and City Manager.
(Ord. No. 2001 -08, § 2, 7 -3 -01; Ord. No. 2005 -04, § 2, 5 -3 -05; Ord. No. 2008 -18, § 2, 11 -6 -08)
Supp. No. 15 CD2:8
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
Memo
To: City Commission Members
From: David M. Wolpin, City Attorney's Office
Date: November 6, 2012
Subject: Sunshine Law Reminder
I. SUNSHINE LAW
A. The Provisions of the Law
rJ V,
The Florida Sunshine Law is provided by Section 286.011, Fla. Stat., entitled "Public
Meetings and Records; Public Inspection; Criminal and Civil Penalties" and provides in subsection
1 thereof as follows:
All meetings of anti board or commission of any state agency or
authority or of any agency or authority of any county, municipal
corporation, or political subdivision, except as otherwise provided in
the Constitution, including meetings with or attended by any person
elected to such board or commission, but who has not yet taken
office, at which official acts are to be taken are declared to be public
meetings, open to the public at all times, and no resolution, rule, or
formal action shall be considered binding except as taken or made at
such meeting. The board or commission must provide reasonable
notice of all such meetings. (emphasis added)
B. Applicability
The City Commission, as well as committees or advisory boards created by the City
Commission or by the City Charter , must comply with the Sunshine Law. The Sunshine Law
prohibits two or more members of the same commission, board or body from discussing (i.e.: any
interchange of ideas) any item or matter of public business which may come before the body upon
which those two or more members both serve, except in an open public meeting, duly noticed, for
which minutes are kept. Compliance with the Sunshine Law requires that reasonable notice of the
meeting be given; that the meeting be open to the public; and that minutes of the meeting be kept
and provided.
It should be noted that the Sunshine Law also applies to advisory boards and to ad hoc
committees which are created for particular purposes. For example, if a screening committee were
established and composed of risk management directors from adjoining communities to help select
a risk management director for the City, the Sunshine Law would apply to such ad hoc committee,
unless the committee was confined to performing strictly a fact - finding role. Once an ad hoc
committee is given the authority to make recommendations, screen candidates or create a short list,
it is considered that the committee has gone beyond a fact - finding status and must comply with the
Sunshine Law. See Krause v. Reno, 366 So.2d 1244 (Fla. 3d DCA 1979)
The wide sweep of the Sunshine Law forbids government board members from taking
actions which may seem perfectly reasonable and be done with the best of intentions. For example,
two or more members of the same board may attend a social function, only if any discussion
between members of any item which may come before the board is strictly avoided, or the social
function complies with the Sunshine Law requirements of public notice, public access and the
provision of minutes of the meeting. Likewise, members of the same board may attend a seminar
or lecture as members of the audience, without complying with the Sunshine Law provisions, so
long as any interchange of ideas between board members upon any matter which may come before
the board is strictly avoided.
C. Example of Situations Which May Arise
An illustrative example may be helpful. If two or more members of the City Commission
were to attend a meeting of a civic association, it would not be advisable for either of the City
Commissioners to engage in a discussion or presentation at such meeting (upon any matter which
may come before the Commission) in the presence of the other City Commissioners, unless the
meeting complies with the requirements of the Sunshine Law. If City Commissioners attend such a
meeting which has not been duly noticed, and one City Commissioner proceeds to speak, the other
City Commissioners should absent themselves from the room. (This example likewise applies to
advisory board members, as to matters within the jurisdiction of the board).
D. Recommendations
The following recommendations are respectfully offered to City Commissioners in an effort
to assist in compliance with the Sunshine Law. These recommendations would likewise apply to
City boards and committees and the members of such boards and committees.
1. Do not pass around a memorandum from one member of the Commission to
another for signature, initial or check -off indicating approval or disapproval of a proposal. This
may be viewed as an unlawful meeting.
2. Do not hold a social luncheon or other social gathering of two or more members of
the Commission, which is not open to the public and duly noticed, unless any discussion of the
business of the Commission is strictly avoided.
Do not utilize a staff person or any third party to create an indirect discussion or
2
interchange between two or more Commissioners on City business.
4. Do not privately poll or canvas other Commissioners by telephone or otherwise to
obtain their approval or lack of objection to the business of the Commission. (Staff should also
avoid this since Commissioners may ask what other members said and the staff response may create
an indirect discussion of the public business by two or more members. Nor should staff use this
approach to obtain a piece -by -piece decision of the Commission.)'
5. Even if only giving or seeking information, a Commissioner cannot talk to another
member of the same Commission about any City matter which is within the scope of the business
of such Commission that may come before such members, except at a duly- noticed public meeting.
One Commission or advisory board member should not write( by email or otherwise) to or
copy another member of the same body on which the writer serves on a matter within the
jurisdiction of the body, since this may invite a prohibited interchange of ideas if the recipient
who serves on the same body replies. (A Commissioner or advisory board member may prepare a
memorandum for inclusion in a public meeting Agenda).
6. A Commissioner may discuss City business with an individual member of a
different City board not composed of members of the Commission, so long as he or she does not go
from one member of that board to another member of that board communicating what has been
said.
7. Please do not proceed when in doubt about whether a proposed action is allowed
under the Sunshine Law. Request the City Attorney's opinion. Leave the room, if necessary, and
protect yourself and the City.
8. Avoid making inspection trips with other Commissioners. Since discussion may
easily ensue, reasonable public notice must be provided.
9. Do not forget that for all required public meetings, reasonable notice must be given,
public access must be allowed, and minutes must be made for public inspection.
10. Be advised that the State Attorney General opined that the Sunshine Law applies to
the action of just one council, commission or board member when that member has been delegated
a portion of the decision - making authority by the body upon which he serves. The Attorney
General has determined that if a Commissioner has been authorized, formally or informally, to
exercise any decision - making authority on behalf of the Commission, such as approving or
rejecting certain contract provisions, he or she is acting on behalf of the Commission and such
meetings are subject to the Sunshine Law. See Attorney General Opinion 90 -17.
1/ This does not preclude the City Manager or City Attorney from separately asking
each Commissioner his or her position on an issue, so long as such process is not a substitute for
any required consideration as a body and the thoughts of the members are not circulated through a
liaison approach.
3
E. Necessity for Compliance
Compliance with the Sunshine Law is vital. Aside from potential invalidation of the
municipal action taken, the statute contains sanctions for non - compliance. A knowing violation is
punishable as a misdemeanor of the second degree by imprisonment for 60 days and a fine of up to
$500. Pursuant to a 1985 amendment to the statute, even an unknowing and unintentional violation
may result in a non - criminal infraction punishable by a fine not exceeding $500.
The goal of the Sunshine Law is to forbid members of a government board from secretly
dealing with the public business. The statute has been broadly interpreted by the courts so as to
achieve that goal. Commissioners and other board members must utilize great caution, lest their
public service be rewarded with fines, penalties and unnecessary aggravation.
DMW /ajj
3 1 D3127.DOC-Memo RE Sunshine Law
2
Community Services Department Overview:
Mission: To provide residents with quality parks, facilities, events, programs and
activities reflecting the City's standards of excellence.
City parks, facilities, and the Community Recreation Center provide Aventura residents
with a wide variety of amenities and outdoor recreation opportunities to refresh, relax,
recharge, and exercise. Facilities include:
• Open playfields at Veterans Park.
• Multi- purpose athletic field at Founders and lighted athletic fields at Waterways
Park.
• Three tennis courts (two clay and one hard) at Founders Park.
• Outdoor basketball court at Waterways Park.
• Interactive water feature playground at Founders Park(SplashPad).
✓ Exercise stations at Waterways and Founders Park.
✓ 3.1 mile lighted exercise trail open 24 hours (Don Soffer Trail).
✓ Covered playgrounds with cushioned surfacing at Waterways, Founders and
Veterans Parks.
✓ Restrooms at Veterans, Founders and Waterways Parks.
✓ Sun shelters and picnic shelters at all parks.
✓ Shade trees and landscaping at all parks.
✓ NCAA indoor gymnasium with lockers at the Community Recreation Center
✓ Classrooms, fitness center, dance and aerobics rooms, technical center, and
multi - purpose rooms for classes, programs and activities at the Community
Recreation Center.
✓ Open playfield and sun shelters at Arthur Snyder Memorial Park.
✓ Leash free pet play area at Waterways Dog Park.
A quick summary of the attendance in 2012:
Aventura Express Shuttle Bus: 266,850
Founders Park, including the SplashPad: 138,500
Waterways Park: 61,100
Community Recreation Center: 76,100
Special Event attendance:
Founders Day: 7,600
Veterans Day:
175
July 4th Fireworks:
15,000
Halloween:
2,700
Senior Prom:
240
Arbor Day:
150
Approximately 900 children participated in youth athletics including tennis lessons, flag
football, basketball, boys' and girls' soccer and Little League Baseball.
Approximately 2,000 adults and seniors enrolled in social activities, fitness activities, or
trips and tours to local attractions.
On average over 800 people per day visited a City Park or the Community Recreation
Center either in enrolled in an activity, program, league or class or just to enjoy the
parks and facilities the City offers.
FORM 1 STATEMENT OF 2012
Please print or type your name, mailing FINANCIAL INTERESTS
address, agency name, and position below: FOR OFFICE USE ONLY:
LAST NAME -- FIRST NAME -- MIDDLE NAME:
MAILING ADDRESS:
CITY: ZIP: COUNTY:
NAME OF AGENCY:
NAME OF OFFICE OR POSITION HELD OR SOUGHT:
You are not limited to the space on the lines on this form. Attach additional sheets, if necessary.
CHECK ONLY IF ❑ CANDIDATE OR ❑ NEW EMPLOYEE OR APPOINTEE
* * ** BOTH PARTS OF THIS SECTION MUST BE COMPLETED * * **
DISCLOSURE PERIOD:
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, WHETHER BASED ON A CALENDAR
YEAR OR ON A FISCAL YEAR. PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING
EITHER (must check one):
❑ DECEMBER 31, 2012 OR ❑ SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR:
MANNER OF CALCULATING REPORTABLE INTERESTS:
THE LEGISLATURE ALLOWS FILERS THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH
REQUIRES FEWER CALCULATIONS, OR USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES
(see instructions for further details). CHECK THE ONE YOU ARE USING:
❑ COMPARATIVE (PERCENTAGE) THRESHOLDS OR ❑ DOLLAR VALUE THRESHOLDS
PART A -- PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person - See instructions]
(if you have nothing to report, you must write "none" or "n1a ")
NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S
OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY
PART B -- SECONDARY SOURCES OF INCOME
[Major customers, clients, and other sources of income to businesses owned by the reporting person - See instructions]
(If you have nothing to report, write "none" or "n /a ")
NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS
BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE
PART C -- REAL PROPERTY [Land, buildings owned by the reporting person - See instructions]
(If you have nothing to report, you must write "none" or 'Wa ")
FILING INSTRUCTIONS for
when and where to file this
form are located at the bottom
of page 2.
INSTRUCTIONS on who must
file this form and how to fill it
out begin on page 3.
CE FORM 1 - Effective: January 1, 2013. Refer to Rule 34- 8.202(1), F.A.C. (Continued on reverse side) PAGE 1
PART D — INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certificates of deposit, etc. - See instructions]
(if you have nothing to report, you must write "none" or "irl
TYPE OF INTANGIBLE
PART E — LIABILITIES [Major debts - See instructions]
(If you have nothing to report, you must write "none" or 'Irll
NAME OF CREDITOR
BUSINESS ENTITY TO WHICH THE PROPERTY RELATES
ADDRESS OF CREDITOR
PART F — INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses - See instructions]
(If you have nothing to report, you must write "none" or'Wa ")
BUSINESS ENTITY # 1
NAME OF BUSINESS ENTITY
ADDRESS OF BUSINESS ENTITY
PRINCIPAL BUSINESS ACTIVITY
POSITION HELD WITH ENTITY
1 OWN MORE THAN A 5%
BUSINESS ENTITY # 2 1 BUSINESS ENTITY # 3
NATURE OF MY
OWNERSHIP INTEREST
IF ANY OF PARTS A THROUGH FARE CONTINUED ON A SEPARATE SHEET PLEASE CHECK HERE ❑
SIGNATURE (required): DATE SIGNED (required):
FILING INSTRUCTIONS:
WHAT TO FILE: WHERE TO FILE:
After completing all parts of this form, if you were mailed the form by the Commission
including signing and dating it, send back on Ethics or a County Supervisor of Elections
only the first sheet (pages 1 and 2) for filing. for your annual disclosure filing, return the
form to that location.
If you have nothing to report in a particular
section, you must write "none" or "n /a" in that
section(s).
NOTE:
MULTIPLE FILING UNNECESSARY:
Generally, a person who has filed Form 1
for a calendar or fiscal year is not required
to file a second Form 1 for the same year.
However, a candidate who previously filed
Form 1 because of another public position
must at least file a copy of his or her original
Form 1 when qualifying.
Local officers /employees file with the
Supervisor of Elections of the county in
which they permanently reside. (If you do not
permanently reside in Florida, file with the
Supervisor of the county where your agency
has its headquarters.)
State officers or specified state employees
file with the Commission on Ethics, P.O.
Drawer 15709, Tallahassee, FL 32317 -5709.
Candidates file this form together with their
qualifying papers.
To determine what category your position falls
under, see the "Who Must File" Instructions on
page 3.
Facsimiles will not be accented.
WHEN TO FILE:
Initially, each local officer /employee,
state officer, and specified state employee
must file within 30 days of the date of
his or her appointment or of the beginning
of employment. Appointees who must be
confirmed by the Senate must file prior to
confirmation, even if that is less than 30
days from the date of their appointment.
Candidates for publicly - elected local office
must file at the same time they file their
qualifying papers.
Thereafter, local officers /employees, state
officers, and specified state employees
are required to file by July 1st following
each calendar year in which they hold their
positions.
Finally, at the end of office or employment,
each local officer /employee, state officer, and
specified state employee is required to file a
final disclosure form (Form 1 F) within 60 days
of leaving office or employment. However,
filing a CE Form 1F (Final Statement of
Financial Interests) does not relieve the filer
of filing a CE Form 1 if he or she was in their
position on December 31, 2012.
CE FORM 1 - Effective: January 1, 2013. Refer to Rule 34 -8.202 (1), F.A.C. PAGE 2
NOTICE
Annual Statements of Financial Interests are due July 1. If the annual form is not filed or postmarked by September 3,
an automatic fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500.
[Sec. 112.3145, Florida Statutes - applicable to non judicial officials]
In addition, failure to make any required disclosure constitutes grounds for and may be punished by one or more of the
following: disqualification from being on the ballot, impeachment, removal, or suspension from office or employment,
demotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. [Sec. 112.317, Florida Statutes]
WHO MUST FILE FORM 1:
All persons who fall within the categories of "state officers," "local officers /employees," or "specified state employees," as well as candidates
for elective local office, are required to file Form 1. Positions within these categories are listed below. Persons required to file full financial
disclosure (Form 6) and officers of the judicial branch do not file Form 1 (see Form 6 for a list of persons who must file that form).
STATE OFFICERS include:
1) Elected public officials not serving in a political subdivision of the
state and any person appointed to fill a vacancy in such office, unless
required to file full disclosure on Form 6.
2) Appointed members of each board, commission, authority, or
council having statewide jurisdiction, excluding members of solely advisory
bodies, but including judicial nominating commission members; Directors
of Enterprise Florida, Scripps Florida Funding Corporation, and Workforce
Florida; and members of the Council on the Social Status of Black Men and
Boys; and Governors and senior managers of Citizens Property Insurance
Corporation and Florida Workers' Compensation Joint Underwriting
Association.
3) The Commissioner of Education, members of the State Board of
Education, the Board of Governors, and the local Boards of Trustees and
Presidents of state universities.
LOCAL OFFICERS /EMPLOYEES include:
1) Persons elected to office in any political subdivision (such as
municipalities, counties, and special districts) and any person appointed to
fill a vacancy in such office, unless required to file Form 6.
2) Appointed members of the following boards, councils, commissions,
authorities, or other bodies of county, municipality, school district,
independent special district, or other political subdivision: the governing
body of the subdivision; community college or junior college district boards
of trustees; boards having the power to enforce local code provisions;
boards of adjustment; planning or zoning boards having the power to
recommend, create, or modify land planning or zoning within a political
subdivision, except for citizen advisory committees, technical coordinating
committees, and similar groups who only have the power to make
recommendations to planning or zoning boards; pension or retirement
boards empowered to invest pension or retirement funds or determine
entitlement to or amount of pensions or other retirement benefits.
3) Any appointed member of a local government board who is
required to file a statement of financial interests by the appointing authority
or the enabling legislation, ordinance, or resolution creating the board.
4) Persons holding any of these positions in local government:
mayor; county or city manager; chief administrative employee of a county,
municipality, or other political subdivision; county or municipal attorney; chief
county or municipal building inspector; county or municipal water resources
coordinator; county or municipal pollution control director; county or
municipal environmental control director; county or municipal administrator
with power to grant or deny a land development permit; chief of police; fire
chief; municipal clerk; appointed district school superintendent; community
college president; district medical examiner; purchasing agent (regardless
of title) having the authority to make any purchase exceeding $20,000 for
the local governmental unit.
5) Officers and employees of entities serving as chief administrative
officer of a political subdivision.
6) Members of governing boards of charter schools operated by a
city or other public entity.
SPECIFIED STATE EMPLOYEES include:
1) Employees in the office of the Governor or of a Cabinet member
who are exempt from the Career Service System, excluding secretarial,
clerical, and similar positions.
2) The following positions in each state department, commission,
board, or council: Secretary, Assistant or Deputy Secretary, Executive
Director, Assistant or Deputy Executive Director, and anyone having the
power normally conferred upon such persons, regardless of title.
3) The following positions in each state department or division:
Director, Assistant or Deputy Director, Bureau Chief, Assistant Bureau
Chief, and any person having the power normally conferred upon such
persons, regardless of title.
4) Assistant State Attorneys, Assistant Public Defenders, Public
Counsel, full -time state employees serving as counsel or assistant counsel
to a state agency, administrative law judges, and hearing officers.
5) The Superintendent or Director of a state mental health institute
established for training and research in the mental health field, or any major
state institution or facility established for corrections, training, treatment, or
rehabilitation.
6) State agency Business Managers, Finance and Accounting
Directors, Personnel Officers, Grant Coordinators, and purchasing agents
(regardless of title) with power to make a purchase exceeding $20,000.
7) The following positions in legislative branch agencies: each
employee (other than those employed in maintenance, clerical, secretarial,
or similar positions and legislative assistants exempted by the presiding
officer of their house); and each employee of the Commission on Ethics.
I INSTRUCTIONS FOR COMPLETING FORM 1: 1
INTRODUCTORY INFORMATION (At Top of Form):
If your name, mailing address, public agency, and position are already
printed on the form, you do not need to provide this information unless it
should be changed. To change any of this information, write the correct
information on the form, and contact your agency's financial disclosure
coordinator. Your coordinator is identified in the financial disclosure
portal on the Commission on Ethics website: www.ethics.state.fl.us.
NAME OF AGENCY: This should be the name of the governmental unit
which you serve or served, by which you are or were employed, or for
which you are a candidate.
OFFICE OR POSITION HELD OR SOUGHT. Use the title of the office
or position you hold, are seeking, or held during the disclosure period
even if you have since left that position. If you are a candidate for office
or are a new employee or appointee, check the appropriate box.
PUBLIC RECORD: The disclosure form and everything attached to it
is a public record. Your Social Security Number is not required and you
should redact it from any documents you file. If you are an active or
former officer or employee listed in Section 119.071(4)(d), F.S., whose
home address is exempt from disclosure, the Commission is required
to maintain the confidentiality of your home address if you submit
a written reauest for confidentiality. Persons listed in Section
119.071(4)(d), F.S., are encouraged to provide an address other than
their home address.
DISCLOSURE PERIOD: The tax year for most individuals is the calen-
dar year (January 1 through December 31). If that is the case for you,
then your financial interests should be reported for the calendar year
2012; just check the box and you do not need to add any information in
this part of the form. However, if you file your IRS tax return based on
a tax year that is not the calendar year, you should specify the dates of
your tax year in this portion of the form and check the appropriate box.
This is the time frame or "disclosure period" for your report.
CE FORM 1 - Effective: January 1, 2013. Refer to Rule 34- 8.202(1), F.A.C. PAGE 3
MANNER OF CALCULATING REPORTABLE INTEREST
-As noted on the form, the Legislature has given filers the option of reporting based on either thresholds that are comparative
(usually, based on percentage values) or thresholds that are based on absolute dollar values. The instructions on the following
pages specifically describe the different thresholds. Check the box that reflects the choice you have made. You must use the type
*of threshold you have chosen for each part of the form. In other words, if you choose to report based on absolute dollar value
thresholds, you cannot use a percentage threshold on any part of the form.
PART A - PRIMARY SOURCES OF INCOME
[Required by Sec. 112.3145(3)(a)l or (b)1, F.S.]
Part A is intended to require the disclosure of your principal sources
of income during the disclosure period. You do not have to disclose the
amount of income received and you need not list your oublic salary from
serving in the Position(s) which requires you to file this form, but this
amount should be included when calculating your gross income for the
disclosure period. The income of your spouse need not be disclosed;
however, if there is joint income to you and your spouse from property you
own jointly (such as interest or dividends from a bank account or stocks),
you should include all of that income when calculating your gross income
and disclose the source of that income if it exceeded the threshold.
Please list in this part of the form the name, address, and principal
business activity of each source of your income which exceeded $2,500 of
gross income received by you in your own name or by any other person
for your use or benefit.
"Gross income" means the same as it does for income tax purposes,
even if the income is not actually taxable, such as interest on tax -free bonds.
Examples include: compensation for services, income from business,
gains from property dealings, interest, rents, dividends, pensions, IRA
distributions, social security, distributive share of partnership gross income,
and alimony, but not child support.
Examples:
— If you were employed by a company that manufactures computers
and received more than $2,500, then you should list the name of the
company, its address, and its principal business activity (computer
manufacturing).
— If you were a partner in a law firm and your distributive share
of partnership gross income exceeded $2,500, then you should list
the name of the firm, its address, and its principal business activity
(practice of law).
— If you were the sole proprietor of a retail gift business and your
gross income from the business exceeded $2,500, then you should
list the name of the business, its address, and its principal business
activity (retail gift sales).
— If you received income from investments in stocks and bonds,
you are required to list only each individual company from which
you derived more than $2,500, rather than aggregating all of your
investment income.
— If more than $2,500 of your gross income was gain from the sale
of property (not just the selling price), then you should list as a source
of income the name of the purchaser, the purchaser's address, and
the purchaser's principal business activity. If the purchaser's identity
is unknown, such as where securities listed on an exchange are
sold through a brokerage firm, the source of income should be listed
simply as "sale of (name of company) stock," for example.
— If more than $2,500 of your gross income was in the form of
interest from one particular financial institution (aggregating interest
from all CD's, accounts, etc., at that institution), list the name of the
institution, its address, and its principal business activity.
PART B - SECONDARY SOURCES OF INCOME
[Required by Sec. 112.3145(3)(a)2 or (b)2, F.S.]
This part is intended to require the disclosure of major customers,
clients, and other sources of income to businesses in which you own an
interest. It is not for reporting income from second jobs. etc. That kind of
income should be reported as "Primary Sources of Income," if it meets the
reporting threshold. You will not have anything to report unless, during the
disclosure period:
(1) You owned (either directly or indirectly in the form of an equitable
or beneficial interest) during the disclosure period more than 5% of
the total assets or capital stock of a business entity (a corporation,
partnership, LLC, limited partnership, proprietorship, joint venture,
trust, firm, etc., doing business in Florida); and
(2) You received more than $5,000 of your gross income during the
disclosure period from that business entity.
If your interests and gross income exceeded these thresholds, then for that
business entity you must list every source of income to the business entity
which exceeded 10% of the business entity's gross income (computed on
the basis of the business entity's most recently completed fiscal year), the
source's address, and the source's principal business activity.
Examples:
— You are the sole proprietor of a dry cleaning business, from which
you received more than $5,000. If only one customer, a uniform rental
company, provided more than 10% of your dry cleaning business, you
must list the name of the uniform rental company, its address, and its
principal business activity (uniform rentals).
— You are a 20% partner in a partnership that owns a shopping
mall and your partnership income exceeded the thresholds listed
above. You should list each tenant of the mall that provided more
than 10% of the partnership's gross income, the tenant's address
and principal business activity.
PART C - REAL PROPERTY
[Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.]
In this part, list the location or description of all real property in Florida
in which you owned directly or indirectly at any time during the previous
tax year in excess of 5% of the property's value. You are not required to list
your residences and vacation homes.
Indirect ownership includes situations where you are a beneficiary of
a trust that owns the property, as well as situations where you are more
than a 5% partner in a partnership or stockholder in a corporation that
owns the property. The value of the property may be determined by the
most recently assessed value for tax purposes, in the absence of a more
current appraisal.
The location or description of the property should be sufficientto enable
anyone who looks at the form to identify the property. A legal description of
the property may be used, but is not required. Simpler descriptions, such
as "duplex, 115 Terrace Avenue, Tallahassee" or "40 acres located at the
intersection of Hwy. 60 and 1 -95, Lake County" are sufficient.
PART D - INTANGIBLE PERSONAL PROPERTY
[Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.]
Provide a general description of any intangible personal property
that, at any time during the disclosure period, was worth more than
$10,000 and state the business entity to which the property related.
Intangible personal property includes such things as money, stocks,
bonds, certificates of deposit, interests in partnerships, beneficial
interests in a trust, promissory notes owed to you, accounts receivable
by you, assets held in IRAs, Deferred Retirement Option accounts,
Florida Prepaid College Plan accounts and bank accounts. Things
like automobiles, houses, jewelry, and paintings are not intangible
property. Intangibles relating to the same business entity may be
aggregated; for example, certificates of deposit and savings accounts
with the same bank. Property owned as tenants by the entirety or as
joint tenants with right of surviorship should be valued at 100 %.
PART E — LIABILITIES
[Required by Sec. 112.3145(3)(a)4 or (b)4, F.S.]
In this part of the form, list the name and address of each
creditor to whom you owed more than $10,000, at any time during the
disclosure period.
You are not required to list the amount of any indebtedness. You
do not have to disclose any of the following: credit card and retail
installment accounts, taxes owed (unless reduced to a judgment),
indebtedness on a life insurance policy owed to the company of
issuance, or contingent liabilities. A "contingent liability" is one that
will become an actual liability only when one or more future events
occur or fail to occur, such as where you are liable only as a guarantor,
surety, or endorser on a promissory note. If you are a "co-maker' and
have signed as being jointly liable or jointly and severally liable, then
this is not a contingent liability; if the total amount of the debt exceeds
$10,000 it should be reported.
PART F — INTERESTS IN SPECIFIED BUSINESSES
[Required by Sec. 112.3145(5), F.S.]
The types of businesses covered in this disclosure include: state
and federally chartered banks; state and federal savings and loan
associations; cemetery companies; insurance companies; mortgage
PART A — PRIMARY SOURCES OF INCOME
[Required by Sec. 112.3145(3)(a)l or (b)1, F.S.]
PartA is intended to require the disclosure of your principal sources
of income during the disclosure period. You do not have to disclose the
amount of income received and you need not list your public salary
received from serving in the osp ition(ss) which requires you to file this
form, but this amount should be included when calculating your gross
income for the disclosure period. The income of your spouse need not
be disclosed; however, if there is joint income to you and your spouse
from property you own jointly (such as interest or dividends from a
bank account or stocks), you should include all of that income when
calculating your gross income and disclose the source of that income
if it exceeded the threshold.
Please list in this part of the form the name, address, and principal
business activity of each source of your income which exceeded 5%
of the gross income received by you in your own name or by any other
person for your benefit or use during the disclosure period.
"Gross income" means the same as it does for income tax
purposes, even if the income is not actually taxable, such as interest
on tax -free bonds. Examples include: compensation for services,
income from business, gains from property dealings, interest, rents,
dividends, pensions, IRA distributions, social security, distributive share
of partnership gross income, and alimony, but not child support.
Examples:
— If you were employed by a company that manufactures
computers and received more than 5% of your gross income
(salary, commissions, etc.) from the company, you should list
the name of the company, its address, and its principal business
activity (computer manufacturing).
— If you were a partner in a law firm and your distributive share
of partnership gross income exceeded 5% of your gross income,
then you should list the name of the firm, its address, and its
principal business activity (practice of law).
— If you were the sole proprietor of a retail gift business and
your gross income from the business exceeded 5% of your total
gross income, then you should list the name of the business, its
address, and its principal business activity (retail gift sales).
— If you received income from investments in stocks and
bonds, you are required to list only each individual company from
which you derived more than 5% of your gross income, rather
than aggregating all of your investment income.
If more than 5% of your gross income was gain from the sale
companies; credit unions; small loan companies; alcoholic beverage
licensees; pari - mutuel wagering companies, utility companies, entities
controlled by the Public Service Commission; and entities granted a
franchise to operate by either a city or a county government.
You are required to disclose in this part of the form the fact that
you owned during the disclosure period an interest in, or held any
of certain positions with, particular types of businesses listed above.
You are required to make this disclosure if you own or owned (either
directly or indirectly in the form of an equitable or beneficial interest) at
any time during the disclosure period more than 5% of the total assets
or capital stock of one of the types of business entities listed above.
You also must complete this part of the form for each of these types of
businesses for which you are, or were at any time during the disclosure
period, an officer, director, partner, proprietor, or agent (other than a
resident agent solely for service of process).
If you have or held such a position or ownership interest in one of
these types of businesses, list the name of the business, its address
and principal business activity, and the position held with the business
(if any). If you own(ed) more than a 5% interest in the business, you
must indicate that fact and describe the nature of your interest.
(End of Dollar Value Thresholds Instructions.)
of property (not just the selling price), then you should list as a
source of income the name of the purchaser, the purchaser's
address, and the purchasers principal business activity. If the
purchasers identity is unknown, such as where securities listed
on an exchange are sold through a brokerage firm, the source of
income should be listed as "sale of (name of company) stock," for
example.
— If more than 5% of your gross income (or, alternatively,
$2,500) was in the form of interest from one particular financial
institution (aggregating interest from all CD's, accounts, etc., at
that institution), list the name of the institution, its address, and its
principal business activity.
PART B — SECONDARY SOURCES OF INCOME
[Required by Sec. 112.3145(3)(a)2 or (b)2, F.S.]
This part is intended to require the disclosure of major customers,
clients, and other sources of income to businesses in which you own
an interest. It is not for reporting income from second jobs. etc. That
kind of income should be reported as a "Primary Source of Income,"
if it meets the reporting threshold. You will not have anything to report
unless during the disclosure period:
(1) You owned (either directly or indirectly in the form of an
equitable or beneficial interest) more than 5% of the total assets or
capital stock of a business entity (a corporation, partnership, LLC,
limited partnership, proprietorship, joint venture, trust, firm, etc.,
doing business in Florida); and
(2) You received more than 10% of your gross income from that
business entity; and
(3) You received more than $1,500 in gross income from that
business entity.
If your interests and gross income exceeded these thresholds, then
for that business entity you must list every source of income to the
business entity which exceeded 10% of the business entity's gross
income (computed on the basis of the business entity's most recently
completed fiscal year), the source's address, and the source's principal
business activity.
Examples:
— You are the sole proprietor of a dry cleaning business, from
which you received more than 10% of your gross income n
amount that was more than $1,500. If only one customer, a uniform
rental company, provided more than 10% of your dry cleaning
business, you must list the name of the uniform rental company,
its address, and its principal business activity (uniform rentals).
— You are a 20% partner in a partnership that owns a shopping
mall and your partnership income exceeded the thresholds listed
above. You should list each tenant of the mall that provided more
than 10% of the partnership's gross income, the tenant's address
and principal business activity.
PART C — REAL PROPERTY
[Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.]
In this part, list the location or description of all real property in
Florida in which you owned directly or indirectly at any time during
the previous tax year in excess of 5% of the property's value. You
are not required to list your residences and vacation homes.
Indirect ownership includes situations where you are a
beneficiary of a trust that owns the property, as well as situations
where you are more than a 5% partner in a partnership or
stockholder in a corporation that owns the property. The value of the
property may be determined by the most recently assessed value
for tax purposes, in the absence of a more current appraisal.
The location or description of the property should be sufficient to
enable anyone who looks at the form to identify the property. A legal
description of the property may be used, but is not required. Simpler
descriptions, such as "duplex, 115 Terrace Avenue, Tallahassee"
or "40 acres located at the intersection of Hwy. 60 and 1 -95, Lake
County" are sufficient.
PART D — INTANGIBLE PERSONAL PROPERTY
[Required by Sec. 112.3145(3)(a)3 or (b)3, F.S.]
Provide a general description of any intangible personal property
that, at any time during the disclosure period, was worth more than
10% of your total assets, and state the business entity to which
the property related. Intangible personal property includes such
things as money, stocks, bonds, certificates of deposit, interests in
partnerships, beneficial interests in a trust, promissory notes owed
to you, accounts receivable by you, assets held in IRA's, Deferred
Retirement Option accounts, Florida Prepaid College Plan accounts
and bank accounts. Things like automobiles, houses, jewelry, and
paintings are not intangible property. Intangibles relating to the
same business entity may be aggregated; for example, CD's and
savings accounts with the same bank. Property owned as tenants
by the entirety or as joint tenants with right of survivorship should
be valued at 100 %.
Calculations: In order to decide whether the intangible property
exceeds 10% of your total assets, you will need to total the value
of all of your assets (including real property, intangible property,
and tangible personal property such as automobiles, jewelry,
furniture, etc.). When making this calculation, do not subtract any
liabilities (debts) that may relate to the property —add only the
fair market value of the property. Multiply the total figure by 10%
to arrive at the disclosure threshold. List only the intangibles that
exceed this threshold amount. Property that is only jointly owned
property should be valued according to the percentage of your joint
ownership. Property owned as tenants by the entirety or as joint
tenants with right of survivorship should be valued at 100 %. None
of your calculations or the value of the property have to be disclosed
on the form.
Example:
— You own 50% of the stock of a small corporation that is
worth $100,000, the estimated fair market value of your home
and other property (bank accounts, automobile, furniture, etc.)
is $200,000. As your total assets are worth $250,000, you must
disclose intangibles worth over $25,000. Since the value of the
stock exceeds this threshold, you should list "stock" and the
name of the corporation. If your accounts with a particular bank
exceed $25,000, you should list "bank accounts" and bank's
name.
PART E — LIABILITIES
[Required by Sec. 112.3145(3)(a)4 or (b)4, F.S.]
In this part of the form, list the name and address of each creditor
to whom you owed any amount that, at any time during the disclosure
period, exceeded your net worth.
You are not required to list the amount of any indebtedness or
your net worth. You do not have to disclose any of the following: credit
card and retail installment accounts, taxes owed (unless reduced to
a judgment), indebtedness on a life insurance policy owed to the
company of issuance, or contingent liabilities. A "contingent liability"
is one that will become an actual liability only when one or more
future events occur or fail to occur, such as where you are liable only
as a guarantor, surety, or endorser on a promissory note. If you are
a "co- maker" and have signed as being jointly liable or jointly and
severally liable, then this is not a contingent liability.
Calculations: In order to decide whether the debt exceeds
your net worth, you will need to total all of your liabilities (including
promissory notes, mortgages, credit card debts, judgments against
you, etc.). Subtract this amount from the value of all your assets as
calculated above for Part D. This is your "net worth." You must list
on the form each creditor to whom your debt exceeded this amount
unless it is one of the types of indebtedness listed in the paragraph
above (credit card and retail installment accounts, etc.). Joint
liabilities with others for which you are "jointly and severally liable,"
meaning that you may be liable for either your part or the whole of
the obligation, should be included in your calculations at 100% of
the amount owed.
Examples:
— You owe $15,000 to a bank for student loans, $5,000 for credit
card debts, and $60,000 (with spouse) to a savings and loan for
a home mortgage. Your home (owned by you and your spouse)
is worth $80,000 and your other property is worth $20,000. Since
your net worth is $20,000 ($100,000 minus $80,000), you must
report only the name and address of the savings and loan.
PART F — INTERESTS IN SPECIFIED BUSINESSES
[Required by Sec. 112.3145(5), F.S.]
The types of businesses covered in this disclosure include: state
and federally chartered banks; state and federal savings and loan
associations; cemetery companies; insurance companies; mortgage
companies; credit unions; small loan companies; alcoholic beverage
licensees; pari - mutuel wagering companies, utility companies, entities
controlled by the Public Service Commission; and entities granted a
franchise to operate by either a city or a county government.
You are required to disclose in this part of the form the fact that
you owned during the disclosure period an interest in, or held any
of certain positions with, particular types of businesses listed above.
You are required to make this disclosure if you own or owned (either
directly or indirectly in the form of an equitable or beneficial interest)
at any time during the disclosure period more than 5% of the total
assets or capital stock of one of the types of business entities listed
above. You also must complete this part of the form for each of these
types of businesses for which you are, or were at any time during the
disclosure period, an officer, director, partner, proprietor, or agent
(other than a resident agent solely for service of process).
If you have or held such a position or ownership interest in
one of these types of businesses, list the name of the business, its
address and principal business activity, and the position held with
the business (if any). If you own(ed) more than a 5% interest in the
business, you must indicate that fact and describe the nature of your
interest.
(End of Percentage Thresholds Instructions.)
CE FORM 1 - Effective: January 1, 2013. Refer to Rule 34- 8.202(1), F.A.C. PAGE 6