2015-10 Amending Lobbyist Ordinance ORDINANCE NO. 2015-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2
"ADMINISTRATION" OF THE CITY OF AVENTURA CODE
OF ORDINANCES BY AMENDING SECTION 2-371
"LOBBYISTS" OF ARTICLE VI. "LOBBYING ACTIVITIES"
TO BE CONSISTENT WITH THE MIAMI-DADE COUNTY
ETHICS CODE BY ELIMINATING THE LOBBYIST
EXPENDITURE STATEMENT FILING REQUIREMENT
FOR LOBBYISTS THAT HAVE MADE NO LOBBYING
EXPENDITURE DURING A GIVEN REPORTING PERIOD
AND ELIMINATING THE PAYMENT OF LOBBYIST
REGISTRATION FEES BY PRINCIPALS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in February 2004, the City enacted Ordinance No. 2004-03,
establishing Section 2-371 "Lobbyists" of the City Code (the "City Lobbying Ordinance");
and
WHEREAS, the City Lobbying Ordinance incorporated by reference portions of
Section 2-11.1(s) of the Miami-Dade County Code of Ordinances (the "County Lobbying
Ordinance"), as then existing, regulating lobbyists within the City; and
WHEREAS, among the requirements included in the County Lobbying Ordinance
at the time that Ordinance No. 2004-03 was enacted by the City was a requirement that
all lobbyists submit a signed statement listing all lobbying expenditures in excess of
$25.00 during the previous year (the "Expenditure Report") and a principal of a
corporation or firm was included in the definition of a lobbyist; and
WHEREAS, the County Lobbying Ordinance required that lobbyists file an
Expenditure Report regardless of whether any expenditures were actually made and
required a principal register and pay the Annual Registration Fee; and
City of Aventura Ordinance No. 2015-10
WHEREAS, the County has subsequently amended the County Lobbying
Ordinance to eliminate the Expenditure Report filing requirements for lobbyists that do
not make any expenditures during a given reporting period and eliminating the payment
of the Lobbyist Registration Fee by principals; and
WHEREAS, the City desires to amend the City Lobbying Ordinance to eliminate
the Expenditure Report filing requirement for lobbyists that have not made any
expenditures during a given filing period and eliminate the requirement that a principal
pays a lobbyist registration fee:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. That the above stated recitals are true and correct and
are hereby adopted.
Section 2. City Code Amended. That Section 2-371 "Lobbyists" of Article VI
"Lobbying Activities" of Chapter 2 "Administration" of the City of Aventura Code of
Ordinances is hereby amended to read as follows:
Sec. 2-371. Lobbyists.
The provisions of Section 2-11.1(s) "Lobbying," of the Miami-Dade County Code
(the "County Lobbying Ordinance") as it currently exists, as set forth in Exhibit "X," set
forth below and incorporated herein, is hereby adopted and shall apply within the City,
except that in lieu of the fee for annual lobbyist registration which is specified by
Section 2-11.1(s)(2)(b) of the County Lobbying Ordinance, the fee payable to the City
for registration of each lobbyist for the representation of each principal of the lobbyist
' Additions to existing text in the City Code shall be indicated by underline.
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Cite of Aventura Ordinance No. 2015-10
shall be $100.00 (per principal represented), and the fee payable to the City for annual
lobbyist registration for each lobbyist shall be $200.00. In addition, a lobbyist shall not
be required to submit a statement of lobbying expenditures, as specified in Section 2-
11.1(s)(6)(a) of the County Lobbying Ordinance, for any reporting period during which
the lobbyist made no lobbying expenditures. Moreover, a principal of any corporation,
partnership or other entity who appears as a lobbyist on behalf of that entity to express
support or opposition to any item shall register with the Clerk, as required by this
subsection, but shall not be required to pay any registration fees. References in the
County Lobbying Ordinance to County personnel shall be deemed to be references to
City personnel who serve in comparable capacities to the County personnel referred to.
References in the County Lobbying Ordinance to the County Commission or to a
"County Board or Committee" shall be deemed to be references to the City Commission
or to the City's Boards as applicable. This Section 2-371 shall prevail over any
conflicting provision of the City Code.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause, or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Effective Date. That this Ordinance shall become effective
immediately upon adoption on second reading.
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City of Aventura Ordinance No. 2015-10
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its
adoption on first reading. This motion was seconded by Commissioner Holzberg, and
upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Enbar Cohen Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Cohen, who moved its
adoption on second reading. This motion was seconded by Commissioner Narotsky,
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Absent
PASSED on first reading this 6th day of October, 2015.
PASSED AND ADOPTED on second reading this 3rd day of November, 2015.
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City of Aventura Ordinance No. 2015-10
'VICE MAYOR
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ATTEST:
ELLISA
(6/64: 2E3'--. HORVATH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Lit-j/ 1
CITY ATTORNEY
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