04-16-1996 CC Meeting Agenda
CITY OF AVENTURA
City Council
Arthur 1. Snyder, Mayor
Patri¢ia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL MEETING
APRIL 16, 1996 - 7 P.M.
AGENDA
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. APPROVAL OF MINUTES: APRIL 9, 1996
AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS
SUBSTITUTIONS/WITHDRAWALS
6. SPECIAL PRESENTATIONS: NONE
7. PUBLIC HEARINGS: NONE
8. ORDINANCE: EMERGENCY ADOPTION OF TRANSITIONAL ORDINANCE
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING INTERIM ORDINANCE PURSUANT TO
SECTION 8.06 OF THE CITY CHARTER IMPLEMENTING
THE PROVISIONS OF SECTION 286.0115, FLORIDA
STATUTES, TO ESTABLISH A PROCEDURE GOVERNING
EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC
OFFICIALS CONCERNING QUASI-JUDICIAL MATTERS;
PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND DURATION;
DECLARING AN EMERGENCY.
[REQUIRES FIVE (5) AFFIRMATIVE VOTES FOR ADOPTION]
(REPORT OF CITY ATTORNEY IS INCLUDED)
10.
11.
12.
ORDINANCES: FIRST READING: NONE
ORDINANCES: SECOND READING: NONE
RESOLUTIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING AND
APPROVING LEASE AGREEMENT BETWEEN CITY OF
AVENTURA AND MHW INVESTMENTS, INC. TO
PROVIDE OFFICE SPACE FOR THE CITY WITHIN THE
GREAT WESTERN BANK BUILDING IN AVENTURA,
FLORIDA AND PROVIDING AN EFFECTIVE DATE.
REPORTS AND RECOMMENDATIONS
APRIL 16, 1996
MAYOR AND COUNCIL
MAYOR SNYDER · HURRICANE PREPAREDNESS
· TALLAHASSEE TRIP
· REGULAR MEETING SCHEDULE
VICE MAYOR ROGERS-LIBERT
COUNCILMEMBER BERGER
· ADDITIONAL TRAIN1NG SESSION
COUNCILMEMBER BESK1N
COUNCILMEMBER COHEN
· TELEVISING COUNCIL MEETINGS
COUNCILMEMBER HOLZBERG
· PUBLIC SAFETY MATTERS
COUNCILMEMBER PERLOW
· IDENTIFICATION OF REVENUE SOURCES
CITY MANAGER
· MOTION FOR SELECTION OF CITY MANAGER
CITY CLERK
Page 2 of 3
13.
14.
15.
16.
17.
CITY ATTORNEY
i) WRITTEN OPINION RE: GIFTS, SUNSHINE
LAW AND ATTENDANCE AT FUNCTIONS
ii) REPORT RE: UTILITY TAX REVENUES
iii) UPDATE ON STATUS OF MASTER
TRANSITION AGREEMENT WITH
METROPOLITAN DADE COUNTY
iv) UPDATE ON STATUS OF INTERLOCAL
AGREEMENT WITH METROPOLITAN DADE
COUNTY REGARDING BUILDING, ZONING
AND PLANNING
v) WORK IN PROGRESS:
REPORT RE: SIGNS
COMMUNICATIONS
PUBLIC COMMENTS
GENERAL DISCUSSION~OTItER BUSINESS
SCHEDULE OF FUTURE MEETINGS/EVENTS
WEDNESDAY, APRIL 17, 1996
TUESDAY, APRIL 23, 1996
TUESDAY, APRIL 30, 1996
ADJOURNMENT
ANTICIPATED APRIL 23, 1996
APRIL 16, 1996
7 P.M. - CANCELED
7 P.M.
7 P.M.
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 Teresa Smith, Weiss Scrota &
Helfman, 854-0800, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Aventura branch of the Dade County Public Library, 2930 Aventura Boulevard,
Aventura, Florida. Anyone wishing to obtain a copy of any agenda item should contact Teresa M. Smith, Weiss Scrota
& Helfman at 854-0800.
Page 3 of 3
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, APRIL 9, 1996 - 7 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 7:00 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert and Mayor Arthur Snyder. Also
present were City Attorney David M. Wolpin and Acting City Clerk Teresa M. Smith. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Sokolov led the pledge of allegiance.
3. INVOCATION: None.
4. APPROVAL OF MINUTES: A motion was made by Councilmember Cohen and
seconded by Vice Mayor Rogers-Libert that the minutes of the meeting of March 28, 1996 be
approved as submitted. The motion passed unanimously by voice vote. Vice Mayor Rogers-
Libert requested that the minutes of the meeting of April 2, 1996 be amended to reflect the
correct spelling of Ruth Demming and Helene Bonas. A motion to approve the minutes of the
meeting of April 2, 1996, as amended, was made by Vice Mayor Rogers-Libert, seconded by
Councilmember Beskin, and unanimously passed by voice vote.
5. AGENDA: Councilmember Beskin requested the addition of discussion relative to
insurance coverage for the contents of the temporary offices of City Hall and payroll procedure
for the office staff. Mayor Snyder directed Councilmember Beskin and the City Attorney to
determine the appropriate procedure for issuing payroll to the Administrative Assistant and
temporary office assistant. Mayor Snyder requested that the following items be included for
discussion under item 11.A.: 1) membership in the Dade League of Cities; 2) initial budgetary
preparation; 3) status of lease for temporary offices of City Hall and 4) request for expenditure
of $350. Vice Mayor Rogers-Libert requested the addition of a special presentation by C.A.P.
Engineering Consultants, Inc. under item 6. There were no objections to the additions to the
agenda.
6. SPECIAL PRESENTATIONS: Mr. Carlos Penin, President of C.A.P. Engineering
Consultants, Inc. presented Council with an aerial photograph of the city limits of Aventura.
7. PUBLIC HEARINGS: None
8. ORDINANCES: FIRST READING: None
9. ORDINANCES: SECOND READING: None
10. RESOLUTIONS:
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR APPROVAL
OF INITIAL EXPENDITURES, RATIFYING CERTAIN
EXPENDITURES FOR INITIATION OF MUNICIPAL
GOVERNMENT AND PROVIDING FOR REIMBURSEMENT
OF FUNDS EXPENDED FOR THE BENEFIT OF THE CITY
OF AVENTURA; PROVIDING AN EFFECTIVE DATE.
Mr. Wolpin requested that Councilmembers forward to the Acting City Clerk any and all invoices
for costs expended to date on behalf of the City for inclusion on Exhibit "A" to the resolution.
Vice Mayor Rogers-Libert made a motion to adopt the resolution. The motion was seconded by
Councilmember Holzberg and Resolution No. 96-11 was adopted by unanimous voice vote.
B. Mr. Wolpin reading the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR APPROVAL
OF INTERLOCAL AGREEMENT BETWEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA PROVIDING FOR THE SERVICES OF THE
COUNTY PLANNING, DEVELOPMENT AND REGULATION
DEPARTMENT TO BE PROVIDED TO THE CITY OF
AVENTURA FOR BUILDING, ZONING AND PLANNING;
PROVIDING AN EFFECTIVE DATE.
A motion to adopt the resolution was made by Vice Mayor Rogers-Libert and seconded by
Councilmember Berger. Resolution No. 96-12 was adopted by tmanimous voice vote.
11. REPORTS AND RECOMMENDATIONS
A. MAYOR AND COUNCIL
A motion that the City of Aventura join the membership of the Dade County League of
Cities was offered by Vice Mayor Rogers-Libert and seconded by Councilman Berger. The
2
motion passed unanimously by voice vote.
Mayor Snyder expressed his concern as to the need for an extension of time from
Metropolitan Dade County for preparation of the initial budget. Mr. Wolpin assured Council
that there would be ample time to comply with the provisions of the Charter relative to initial
budget preparation.
Mr. Wolpin updated Council as to the status of lease negotiations for the offices to be
utilized as a temporary City Hall. Mayor Snyder instructed the City Attorney to comply with the
Landlord's request for the inclusion of a penalty clause in the event that the City does not comply
with the Landlord's request to vacate the property, provided ample notice has been provided to
the City.
A motion was made by Councilmember Perlow and seconded by Councilmember Berger
to authorize the expenditure of $350 for travel expenses for Mayor Snyder to attend a luncheon
in Tallahassee on April 10, 1996 sponsored by the Dade League of Cities honoring the City of
Aventura. The motion passed unanimously by voice vote.
Vice Mayor Rogers-Libert's report was deferred until later in the meeting under discussion
of the selection of City Manager.
Councilmember Berger offered a correction to the agenda as to the time of the training
workshop on Friday, April 12 at 3:00 p.m. and suggested that Council discuss at their meeting
on April 16th whether or not to pursue further training subsequent to attending the Dade League
of Cities seminar on April 12th.
Councilmember Berger advised Council that Bal Harbour Village has loaned to the City
five microphones for use at Council meetings and noted that it would be necessary to rent sound
reinforcement equipment and provide for set-up. A motion for authorization to enter into a
contract, as submitted, with The Audio Bug, Inc. for rental equipment and labor was offered by
Councilmember Berger, seconded by Vice Mayor Rogers-Libert and unanimously approved by
voice vote.
Councilmember Beskin advised Council that an anchor account fund was opened on behalf
of the City with Northern Trust Bank.
Councilmember Cohen updated Council as to the status of the lease with Great Western
Bank.
In the essence of time, Councilmember Holzberg deferred his report on Public Safety to
the next meeting.
Councilmember Perlow read for the record correspondence from Metropolitan Dade
County Environmental Resources Management relative to landscape irrigation.
CITY MANAGER - Deferred until conclusion of item 13.
CITY CLERK - No report.
CITY ATTORNEY
Mr. Wolpin updated Council as to the status of work in progress by the City Attorneys.
Discussion ensued as to insurance coverage provided by the Florida League of Cities. Vice
Mayor Rogers-Libert offered a motion, which was seconded by Councilmember Perlow, to
expand the City's present insurance coverage provided by the Florida League of Cities to include
property owned or leased by the City. Councilman Beskin offered an amendment to the motion
to provide for coverage in the amount of $10,000. The amendment was seconded by Mayor
Snyder and the motion passed unanimously by voice vote.
12. COMMUNICATIONS
13. PUBLIC COMMENTS: The following individuals addressed Council: Mr. A1 Sokolov,
3530 Mystic Point Drive and Mr. Pete Strauss, Mystic Point Drive, Aventura.
CITY MANAGER SELECTION:
At this time, discussion ensued as to the City Manager selection process. Vice Mayor
Rogers-Libert provided an update as to the Selection Committee's progress. After discussion, a
motion to terminate the interview process after this meeting was offered by Councilmember
Berger and seconded by Councilmember Holzberg. Councilmember Berger offered an
amendment to the motion to include "unless Mr. Kissinger can appear before Council prior to
April 16, 1996." The amendment was seconded by Councilmember Holzberg and the motion
passed 6-1 by voice vote, with Councilmember Beskin voting no.
After further discussion, Mayor Snyder announced a public meeting of the City Manager
Selection Committee on Monday, April 15, 1996 at 7 p.m. at the offices of Fromberg &
Fromberg, et al, 20801 Biscayne Boulevard, Suite 505, Aventura, Florida. He also announced
that the Council meeting scheduled for April 17, 1996 is canceled.
INTERVIEWS OF APPLICANTS FOR POSITION OF CITY MANAGER
The following individuals were interviewed by Council as candidates for the position of
City Manager:
1)
Sanford A. Youkilis, currently Assistant City Manager, City of Coral Gables,
Florida
2)
Charles Scm'r, currently President and Managing Director, South Florida Super
Bowl Host Committee Foundation
3) Eric M. Soroka, currently City Manager, City of Miramar, Florida.
14. GENERAL DISCUSSIONXOTItER BUSINESS:
Vice Mayor Rogers-Libert expressed Council's appreciation to the City Attorneys for their
assistance and cooperation and to the Acting City Clerk for preparation of the agenda and the
minutes of the Council meetings.
15. SCHEDULE OF FUTURE MEETINGS: As submitted.
16. ADJOURNMENT: There being no further business to come before the Council, after
motion made, seconded and unanimously passed, the meeting adjourned.
Respectfully submitted:
Teresa M. Smith, Acting City Clerk
Approved by Council on the
day of April, 1996.
Arthur I. Snyder, Mayor
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
5
L. ROBERT ELIAS
EDWARd G. GUEDES
STEPHEN J. HELFMAN
GILBERtO PASTOR IZA
BARBARA ~1, RiESBERG
ELLEN N ~AUI~
GAlL D. SEROTA~
JOSEPH h. SEROTA
RICHARD ~A¥ WEISS
DAVID m. WOLPIN
STeVEN W. ZELKOWITZ
WEISS SEI~OT2k ~c HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI~ FLORIDA 33133
April 12, 1996
BROWARD OFFICE
~8~ EAST LAS OLAS BOULEVARD
SUITE 710
fORt LAUDERDALe, FkORIDA 33301
TELEPHONE {305) 763-1189
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Procedures for Quasi-Judicial Hearinqs
Dear Mayor and Councilmembers:
The purpose of the enclosed proposed Ordinance is to establish
procedures pertaining to ex parte communications in quasi-judicial
matters and to establish procedures for the conduct of quasi-
judicial hearings.
I. BACKGROUND
Since its publication in December 1991, the Third District
Court of Appeal decision in Jenninqs v. Dade County, 589 So.2d 1337
(Fla. 3d DCA 1991), review denied, 598 $o.2d 75 (Fla. 1992) has
received much attention in the news media and in the governmental
arena. It has long been a sound legal concept that board members
hearing quasi-judicial matters (including zoning variance and
zoning special exception matters) should avoid the receipt of ex
parte communications (communications made on behalf of one side
only without the presence of the other side) and must base their
decision on the evidence presented before the board or council.
However, the Third District Court of Appeal opinion in Jenninqs has
articulated this concept as a matter of constitutional due process
law and has imposed a rebuttable presumption of prejudice, which
may render void the quasi-judicial decision made. Under Jenninqs,
once this presumption of prejudice arises, it must be rebutted by
a showing that the ex parte communication did not have a
prejudicial effect in the proceedings, so that the decision may be
rescued from judicial invalidation.
The concept behind the Jenninqs decision is that a quasi-
judicial decision or action will be set aside, if as a result of an
Honorable Mayor and Councilmembers
April 12, 1996
Page 2
improper ex parte communication, the decision-making process was
irrevocably tainted so as to make the ultimate judgment of the body
unfair, either as to an innocent party or as to the public interest
that the body was obliged to Drotect.
It should be noted that the Jenninqs holding applies only to
quasi-judicial action and not to legislative action. Legislative
action involves the making of laws including, but not limited to,
animal control, code enforcement standards, property upkeep
standards, zoning district regulations (lot size, permissible
building height, occupancy standards), adoption of a budget,
purchase or sale of municipal land or resources. Quasi-judicial
action includes zoning variances, zoning special exceptions, code
enforcement board proceedings, and personnel appeal proceedings.
More significantly, as a result of the opinion of the Florida
Supreme Court in Board of County Commissioners of Brevard County v.
Snyder, 627 So.2d 469 (Fla. 1993), the list of items constituting
quasi-judicial action has been expanded to include site-specific
rezoninqs of land, such as amending the zoning district designation
of a specific parcel from one zoning district to another (i.e.,
rezoning parcel of land from commercial to residential or from one
category of residential or commercial to another category). Site
plan approvals, and other site-specific zoning action would
likewise be considered to be quasi-judicial.
Prior to Snyder, the law was clear that all rezoning ordinance
enactments were legislative action in character. The coupling of
Jenninqs with Snyder created an impediment to ex parte
communications on rezoning items, since Snyder treats certain site
specific rezonings as quasi-judicial action, thus invoking Jenninqs
restriction upon exparte contact. That impediment in the zoning
arena caused so much concern among civic associations and in
municipal and county government that the Florida legislature
responded in the 1995 legislative session by enacting Section
286.0115, Fla. Stat., to establish a procedure which would enable
citizens to continue to pursue certain ex parte communications
subject to the establishment of a mechanism which assures that no
prejudice occurs.
II. EX PARTE COMMUNICATION PROCEDURES
The statutory formula devised by the legislature to cure the
problems of ex parte communication under Jenninqs is to place the
ex parte communication into the record so that interested persons
will have an opportunity to address the matters raised in such ex
parte communication and any prejudicial effect would be cured or
removed. Section 2 of the proposed Ordinance establishes a
procedure which implements Section 286.0115, Fla. Stat., so that ex
WEISS SEI~OTA ~ I~ELFMAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 3
parte communications do not result in the invalidation of the
municipal action taken under the principles announced in Jenninqs.
It should be noted that the procedures set forth in Section 2
of the Ordinance are applicable solely to quasi-judicial
proceedings. Simply put, a quasi-judicial action is the
adjudication of the rights of persons, while legislative action
involves the making of a law or setting of legislative policy.
Jenninqs applies only to quasi-judicial action not to legislative
or other action.
Section 2 of the proposed Ordinance provides a means by which
the substance of any ex parte communication is summarized and
presented to the City Council as a report of such communication so
that it becomes part of the record and will no longer be classified
as an improper or prejudicial ex parte communication.
III. IMPLEMENTATION OF PROCEDURE GOVERNING EX PARTE
COMMUNICATIONS
To facilitate implementation of the procedures set forth in
Section 2 of the proposed Ordinance, the following is suggested for
quasi-judicial items including variances, special exceptions,
zoning code interpretation appeals, site specific rezonings,
license revocation, etc.:~
A. Verbal Contact. If a proponent, opponent or other
interested person states his position to you on a matter outside of
a council meeting, please make a written record of such contact on
Form A, attached hereto, and file such form with the Clerk prior to
final action. Alternatively, the substance of Form A may be read
into the record (tape of the City Council meeting) prior to action.
B. Written Contact. If a proponent, opponent or other
interested person provides a letter, note or other written material
to you, please file this material with the Clerk as part of the
record prior to final action, pursuant to Form B, attached hereto.
C. Site Visits, Investiqation, Etc. Please use Form C,
attached hereto, to disclose site visits, investigations, or
receipt of expert opinion, as part of the record prior to final
action.
~/ A councilmember may elect to avoid ex-parte
communications. The establishment of these procedures reflects
that it is difficult to avoid such contact. The procedures assure
that due process is provided.
WEISS SEttOTA & HELFMAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 4
D. Staff Responsibility. The Clerk or City Attorney should
advise the Council of all disclosures made pursuant to the proposed
Ordinance, prior to final action, in public session, unless the
disclosure already appears in the Council Agenda package.
IV. QUASI-JUDICIAL HEARING PROCEDURES
Section 3 of the proposed Ordinance provides for the
establishment of procedures to be used for the conduct of quasi-
judicial hearings. These procedures provide for the administering
of oaths to witnesses, the cross examination of persons providing
testimony, and other steps to assure that due process is provided
for the quasi-judicial hearings.2
V. CONCLUSION
The proposed Ordinance should serve both to assure that ex
parte communications do not prejudice any of the Council
proceedings and that quasi-Judicial hearings which are conducted by
the Council provide due process of law. These hearing procedures
may be extended to other quasi-judicial City boards, once such
boards are created.
Please advise if there are any questions on this matter.
Respectfully submitted,
David M. Wolpin
DMW\tms\328001
Enclosures
cc: Richard Jay Weiss, Esq.
2/ The zoning matters to be remanded by Dade County to the
City will likely be the first hearings for those procedures to be
utilized in.
WEISS SEROTA ~ ~{ELEMAN, ]D.A.
FORM "A"
CITY OF AVENTURA
Ordinance 96-__
Disclosure of Verbal Contact
Agenda Item:
of
Item No.
of
body
199_ agenda
Date of Verbal Communication:
Identity of Person or Entity Making Communciation:
Subject and Substance of Communication:
Respectfully,
Council or
Communication:
Board
Member
Receiving
Name
Signature
Filed this
day of
Clerk/Secretary
FORM "B"
CITY OF AVENTURA
Ordinance 96-
Disclosure of Written Communication
The written communication attached hereto is
record pertaining to Item No. of
agenda of
body
hereby filed of
· 199
Respectfully,
Council or
Communication:
Board
Member Receiving
Name
Signature
Filed this
day of
, 19__.
Clerk/Secretary
FORM "C"
CITY OF AVENTURA
Ordinance 96-__
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. of , 199_ agenda
of
Date of Visit,
Opinion:
body
Investigation or Receipt of Expert
Nature of Contact: (check as applicable)
( ) Site Visit
( ) Investigation
( ) Expert Opinion
Substance of Contact:
Identity of Any Person Participating in Contact:
Respectfully,
Council or
Communication:
Board
Member
Receiving
Name
Signature
Filed this
day of
, 19
Clerk/Secretary
Ch. 286
PUBLIC BUSIN_;~; M SCELLANEOUS PROVISIONS
F.S. 1995
286,0111 Legislative review of certain exemptions
from requirements for public meetings and
recordkeeping by governmental entities.--The provi-
sions of s. 119.15, the Open Government Sunset Review
Act of 1995, apply to the provisions of law which provide
exemptions to s. 286.011, as provided in s. 119.15.
Histow.--s. 9, ch. 84-298; s. 2, ch. 85-301; s, 3, ch. 9~-2~7.
286.0115 Access to local public officials.--
(1) AUTHORITY.--A county or municipality may
adopt an ordinance or resolution removing the presump-
tion of prejudice from ex parte communications with
local public officials by establishing a process to dis-
c~ose ex parte communications with such officials pursu-
ant to this section or by adopting an alternative process
for such disclosure. However, this section does not
require a county or municipality to adopt any ordinance
or resolution establishing a disclosure process.
(2) DEFINITION.--As used in this section, the,term
"local public official" means any elected or appointed
public official holding a county or municipal office who
recommends or takes quasi-judicial action as a member
of a board or commission. The term does not include a
member of the board or commission of any state agency
or authority.
(3) ACCESS PERMITTED.--Any person not other-
wise prohibited by statute, charter provision, or ordi-
nance may discuss with any local public official the mer-
its of any matter on which action may be taken by any
board or commission on which the local public official is
a member. If adopted by county or municipal ordinance
or resolution, adherence to the following procedures
shall remove the presumption of prejudice arising from
ex parte communications with local public officials.
(a) The substance of any ex parte communication
with a local public official which relates to quasi-judicial
action pending before the official is not presumed preju-
dicial to the action if the subject of the communication
and the identity of the person, group, or entity with
whom the communication took place is disclosed and
made a part of the record before final action on the mat-
ter.
(b) A local pub c official may read a written commu-
nication from any person. However, a written commun~-
cation that relates to quasi-judicial action pending
before a local pubtic official shall not be presumed preju-
dicial to the action, and such written communication
shall be made a part of the record before final action on
the matter.
(c) Local public officials may conduct investigations
and site visits and may receive expert opinions regard-
ing quasi-judicial action pending before them. Such
act v t es sha not be presumed prejudicial to the action
if the existence of the investigation, ste vis t, or expert
opinion is made a part of the record before final action
on the matter.
(d) Disclosure made pursuant to paragraphs (a), (b),
and (c) must be made before or during the public meet-
ing at which a vote is taken on such matters, so that per-
sons who have opinions contrary to those expressed in
the ex parte communication are given a reasonable
opportunity to refute or respond to the communication.
This section does not subject local public officials to part
III of chapter 112 for not complying with this subsection.
(4) RULE_S.--This section does not restrict the
authority of any board or commission to establish rules
or procedures governing public hearings or contacts
with local public officials.
286.012 Voting requirement at meetings of govern-
mental bodies.--No member of any state, county, or
municipal governmental board, commission, or agency
who is present at any meeting of any such body at which
an official decision, ruling, or other official act is to be
taken or adopted may abstain from voting in regard to
any such decision, ruling, or act; and a vote shall be rec-
orded or counted for each such member present,
except when, with respect to any such member, there
is, or appears to be, a possible conflict of interest under
the provisions of s. 112.311, s. 112.313, or s. 112.3143.
in such cases, said member shall comply with the
disclosure requirements of s. 112.3143.
286.021 Department of State to hold title to pat-
ents, trademarks, copyrights, etc.--The legal title and
every right, interest, claim or demand of any kind in and
to any patent1 trademark or copyright, or application for
the same, now owned or held, or as may hereafter be
acquired, owned and held by the state, or any of its
boards, commissions or agencies, is hereby granted to
and vested in the Department of State for the use and
benefit of the state; and no person, firm or corporation
shall be entitled to use the same without the written con-
sent of said Department of State.
286.031 Autho~'y of Department of State in con-
nection with patents, trademarks, copyrights, etc.--
The Department of State is authorized to do and per[orm
any and all things necessary to secure letters patent,
copyright and trademark on any invention or otherwise,
and to enforce the rights of the state therein; to license,
lease, assign, or otherwise give written consent to any
person, firm or corporation for the manufacture or use
thereof, on a royalty basis, or for such other consider-
ation as said department shall deem proper; to take any
and all action necessary, including legal actions1 to pro-
tect the same against improper or unlawful use or
infringement, and to enforce the collection of any sums
due the state and said department for the manufacture
or use thereof by any other party; to sell any of the same
and to execute any and all instruments on behalf of the
state necessary to consummate any such sale; and to
do any and all other acts necessary and proper for the
execution of powers and duties herein conferred upon
said department for the benefit of the state.
286.035 Constitution Revision Commission; poW-
ers of chair;, assistance by state and ocal agencies.7-
(1) The chair of the Constitution Revision Commas'
sion, appointed pursuant to s. 2, Art. XI of the State Con-
stitution, is authorized to employ personnel and to incur
expenses related to the official operation of the commis-
504
ORDINANCE NO. 96-02
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING INTERIM ORDINANCE PURSUANT TO SECTION
8.06 OF THE CITY CHARTER IMPLEMENTING THE
PROVISIONS OF SECTION 286.0115, FLORIDA
STATUTES, TO ESTABLISH A PROCEDURE GOVERNING
EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC
OFFICIALS CONCERNING QUASI-JUDICIAL MATTERS;
PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND DURATION;
DECLARING AN EMERGENCY.
WHEREAS, Section 286.0115, Florida Statutes, enables a
municipality to adopt an ordinance or resolution removing the
presumption of prejudice recognized in Jenninqs v. Dade County from
ex parte communications with local public officials (as "local
public official" is defined in ~ 286.0115(2), Fla. Stat.) by
establishing a process to disclose ex parte communications with
such officials; and
WHEREAS, the City of Aventura finds it necessary to implement
Section 286.0115, Fla. Stat., by establishing a process to disclose
ex parte communications (communications made on behalf of one side
only without the presence of the other side) with such official;
and
WHEREAS, the City Council of the City of Aventura is assuming
the regulatory jurisdiction of zoning and other quasi-Judicial
matters, including those remanded by Dade County; and
WHEREAS, it is necessary to enact a transitional ordinance on
an emergency basis to be effective immediately for an initial
period of no longer than ninety days after adoption; and
WHEREAS, the City Council finds that the enactment of this
ordinance is necessary on an emergency basis so as to protect the
public health, safety and welfare of the residents and inhabitants
of the City of Aventura and to implement the jurisdiction of the
City in a manner which assures the provision of due process and the
finality of official action.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Emerqenc¥ declared. Pursuant to City Charter
Section 8.06, an emergency is hereby declared for adoption of this
ordinance, as described in the recitals set forth above, which are
hereby incorporated by reference.
Section 2. Communications with local public officials (as
defined in Sec. 286.0115(2), Fla. Stat.) regarding quasi-judicial
matters shall be governed by the following procedure:
A. Any person not otherwise prohibited by statute, charter
provision, or ordinance may discuss with any local public official
representing the City of Aventura the merits of any matter on which
action may be taken by any board, council or commission on which
the local public official is a member. Such communication shall
not raise any presumption of prejudice provided that the following
process of disclosure occurs:
1. The subject and substance of any ex parte communication
with a local public official representing the City of Aventura
which relates to quasi-judicial action pending before the official,
as well as the identity of the person, group or entity with whom
the communication took place, is disclosed and made a part of the
record before final action is taken on the matter.
2. A local public official representing the City of Aventura
may read a written communication from any person; however, a
written communication that relates to quasi-judicial action pending
before such official shall be made a part of the record before
final action is taken on the matter.
3. A local public official representing the City of Aventura
may conduct investigations, make site visits and receive expert
opinions regarding quasi-judicial action pending before him or her,
provided that such activities and the existence of such
investigations, site visits, or expert opinions is made a part of
the record before final action is taken on the matter.
4. Disclosure made pursuant to paragraphs (1), (2) and (3)
above must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opinions
contrary to those expressed in the ex parte communication are given
a reasonable opportunity to refute or respond to the communication.
Section 3. Unless otherwise provided by law, or by resolution
of the City Council pertaining to a specific matter, quasi-judicial
hearing procedures shall be substantially as follows:
QUASI-JUDICIAL PROCEDURES
City of Aventura, Florida
Purpose
It is the purpose of
impartial procedure
these rules to provide a fair, open and
for the consideration by members of the
3
City Council of quasi-judicial matters in the course of quasi-
judicial proceedings.
II. Definitions
Applicant An individual, corporation or other
authorized legal entity filing an Application or an
appeal which initiates a quasi-judicial proceeding,
including City staff and the City Council.
Application - An application for a site-specific
rezoning, variance, special exception, conditional use
permit, or other request for a quasi-judicial proceeding
or appeal as authorized by the City's zoning ordinance.
C. City Staff - An employee or agent of the City of
Aventura.
D. Member - City Councilmember.
E. Chair - Mayor, unless otherwise provided.
III. Quasi-Judicial Proceedings
A. Legal Representation
Applicants - Applicants may be represented by legal
counsel.
The City Council shall be advised by the City
Attorney.
B. Participants at Hearings
Ail who testify on any application must sign in and be
sworn by the presiding officer. All persons testifying
subject themselves to cross-examination. Each person,
other than members of City staff, who address the City
Council shall give the following information:
1. Name; and
2. Address; and
Whether they speak for themselves, a group of
persons, or a third party; if the person says that
they represent an organization, they shall also
indicate whether the view expressed by the speaker
represents an established policy of the
4
organization approved by the board or governing
body; and
Conduct of Hearing
Ail quasi-judicial hearings shall be recorded. A court
reporter may be retained and paid for by any interested
person to transcribe the proceedings. Any person may
order and pay for a transcript of the proceedings. Any
such retained court reporter shall identify
himself/herself to the City Attorney before the hearing.
The order of hearing shall be as follows:
The Chair shall read a preliminary statement once
at the beginning of the quasi-judicial public
hearing agenda, announce the particular agenda
item, and open the public hearing. The Chair shall
conduct the meeting and all questions shall be
through the Chair.
The applicant, witnesses, staff, and all
participants asking to speak shall be sworn
excluding attorneys, unless the attorney intends to
testify.
The Chair shall decide any parliamentary objections
and objections to evidentiary matters with the
advice of the City Attorney.
The staff shall present its report, offer it into
evidence, and have it made part of the record.
5. The applicant shall present its case.
Participants in support of the application shall
present their testimony and any evidence.
Opposition shall have the right to cross-examine
individual speakers.
8. Members may ask questions of any speaker.
Participants in opposition to the application shall
present their testimony and evidence.
The applicant shall have the right to cross-examine
individual speakers.
11. Members may ask questions of any speaker.
12. Staff shall be given time for rebuttal, if
5
requested. Staff shall be subject to cross-
examination.
13.
Any other member of the public may testify and
present evidence, and are subject to cross-
examination.
14.
The applicant shall be given time for rebuttal, if
requested.
15.
The Chair closes the public hearing.
discuss the matter in public session
decision. No further presentations
shall be permitted unless directed
Council.
Members shall
and render a
or testimony
by the City
D. Record of the Hearing
Following the final disposition of the application, all
evidence admitted at the hearing, the application file,
all staff reports, and the adopted order promulgating the
decision of the City Council shall be maintained in a
separate file constituting the record of the application.
The record shall be kept in the custody of the
appropriate City staff at all time during the pendency of
the application. The record will be made available to
the public for inspection upon request at any time during
normal business hours.
Section 4. Severabilit¥. 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 5. Effective Date. This Ordinance shall be effective
as an emergency ordinance immediately upon adoption at its first
and only reading, by at least five (5) affirmative votes, and shall
thereafter be effective for a period of no longer than ninety days
6
after adoption, subject to re-adoption, renewal or continuation as
provided by law.
The foregoing
, who moved
motion was seconded by Councilmember
Ordinance was offered by Councilmember
its adoption as an emergency Ordinance. The
· and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of April, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
APPROVED AS TOLEGAL SUFFICIENCY:
CITY ATTORNEY
7
after adoption, subject to re-adoption, renewal or continuation as
provided by law.
The foregoing Ordinance was offered by Councilmember
, who moved its adoption as an emergency Ordinance. The
motion was seconded by Councilmember
· and upon being put
to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur Snyder
PASSED AND ADOPTED this
day of April, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING AND APPROVING
LEASE AGREEMENT BETWEEN CITY OF AVENTURA AND
MHW INVESTMENTS, INC. TO PROVIDE OFFICE SPACE
FOR THE CITY WITHIN THE GREAT WESTERN BANK
BUILDING IN AVENTURA, FLORIDA AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is necessary for the City of Aventura to establish
an office and headquarters from which
government of the City; and
WHEREAS, the City Council finds
to conduct the municipal
that the approval of the
attached Lease Agreement providing office and meeting space for the
City within the Great Western Bank Building is in the best
interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF
THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the Lease Agreement between the City of
Aventura and MHW Investments, Inc., in substantial conformity to
the instrument attached hereto, is hereby approved and the Mayor is
authorized to execute said Lease Agreement on behalf of the City of
approved by the City Attorney as to legal
2. That the
Lease Agreement
$43,615.00 for the
Aventura, once
sufficiency.
Section
pursuant to
amount of
appropriation and payment of funds
is hereby made and provided in the
fiscal year terminating on September
30, 1996, and for such additional funds as are needed for the
improvement of the premises. Subsequent appropriations shall be in
accordance with the budget of the City of Aventura.
Section 3. That this Resolution shall become effective
immediately upon its adoption.
The foregoing resolution was offered by Councilmember
, who moved its adoption. The motion was seconded by
Councilmember
, and upon being put to a vote, the vote was
as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of April, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
- 2 -
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") made and entered into on
this day of , 1996, by and between MHW INVESTMENTS,
INC. (hereinafter designated as "Landlord"), and the CITY OF
AVENTURA, a Florida municipal corporation (hereinafter designated
as "Tenant" ) .
WITNESS ETH:
ARTICLE I
Section 1. Premises: The Landlord hereby leases, upon the
terms and conditions of this Lease, the third floor, less
approximately 1200 square feet, as outlined on the attached floor
plan (hereinafter called "Premises") in the GREAT WESTERN BANK
BUILDING located at 18301 Biscayne Boulevard, North Miami Beach,
Florida 33160 (the "Building").
Section 2. Security Deposit: Tenant has deposited with
Landlord the sum of Eight Thousand Seven Hundred Twenty-Three and
00/100 Dollars ($8,723.00) as security for the faithful performance
and observance by Tenant of the terms, provisions and conditions of
this Lease; it is agreed that, in the event Tenant defaults in
respect of any of the terms, provisions and conditions of this
Lease, including, but not limited to, the payment of rent and
additional rent, Landlord may use, apply or retain the whole or any
part of the security so deposited as payment of any rent or any
other sum in default, or for the payment of any other amount which
Landlord may spend or become obligated to spend by reason of
Tenant's default.
Section 3. Term: This Lease shall be for a term of two
years*, commencing on the 1st day of June, 1996, and terminating on
the 31st day of May, 1998 (the "Term").
ARTICLE II
Section 1. Rental: Tenant agrees to pay Landlord, MHW
Investments, Inc. at 18301 Biscayne Boulevard, 2nd Floor, North
Miami Beach, Florida 33160, rent in the following manner: For the
period commencing June 1, 1996, through May 31, 1997, annual rent
shall be One Hundred Four Thousand Seven Hundred Sixty and 00/100
Dollars ($104,760.00) payable in equal monthly installments of
Eight Thousand Seven Hundred Twenty Three and 001/00 Dollars
($8,723.00) each. For the period commencing June 1, 1996, through
April 30, 199.8, annual rent shall be One Hundred Eight Thousand
Nine Hundred Fifty and 40/100 Dollars ($108,950.40) payable in
*See Article XII
equal monthly installments of Nine Thousand Seventy Nine and 20/100
Dollars ($9,079.20). All monthly installments of rental are to be
paid in advance without demand or set-off on the first day of each
and every calendar month during the Term hereof. Rental payments
shall commence on the 1st day of June, 1996.
Section 2. Late Charge: Should any payment hereunder be past
due for more than ten (10) days, Tenant shall pay Landlord a late
charge of ten (10%) percent.
ARTICLE III
Section 1. Use: Tenant shall use the Premises for general
office purposes and for the operation of a City Hall for the City
of Aventura and uses ancillary thereto and for no other business or
purpose, without the written consent of Landlord, which consent
shall not be unreasonably withheld or delayed.
Section 2. Rules: Attached hereto are rules and regulations
relating to the Premises and the Building of which said Premises
are a part. The Tenant shall faithfully and strictly comply with
and abide by all such rules and regulations and Landlord agrees
that the rules and regulations shall not be changed during the Term
of this Lease.
Section 3. Construction and Acceptance of the Premises.
Suite is to be delivered in as is condition and Tenant hereby
accepts the Premises in as is condition.
ARTICLE IV
Section 1. utilities and Services: The Landlord, at
Landlord's expense, shall supply the Premises and the Building with
electricity, water (to Building only), adequate heating and air
conditioning during regular business hours, including Saturdays.
Landlord shall also provide Tenant with parking adjacent to the
Building necessary to meet Tenant's needs.
Section 2. Default of Landlord: The Landlord shall not be
liable for failure to furnish any of the utilities or services
hereinabove mentioned when the failure is caused by or results from
accidents or conditions or matters beyond the reasonable ability of
the Landlord to control. If the Landlord defaults in the
observance of any of the covenants on Landlord's part to be
performed hereunder, then Tenant may give written notice of such
default to the Landlord and if Landlord fails to cure such default
within thirty (30) days or if the curing thereof is not undertaken
promptly within such period and thereafter expeditiously completed,
then the Tenant shall have the right, at its election, to terminate
this Lease upon written notice to Landlord. Upon such termination,
Tenant shall be relieved of all rights and obligations hereunder
including the obligation to pay rent.
Section 3. Right of Entry: Landlord shall have right to
access to the Premises at all reasonable times for the purpose of
inspecting, cleaning and repairing the same, or to exhibit said
Premises at any time before the expiration of this Lease.
Section 4. Assignment: Tenant may not assign this Lease or
sublet the Premises or any part thereof without first obtaining
Landlord's written consent, which consent shall not be unreasonably
withheld or delayed. If such consent is given Tenant shall
nevertheless remain fully liable for all terms and conditions of
this Lease.
Section 5. Tenant shall be responsible for obtaining its own
telephone lines and/or fax lines and shall be responsible for the
cost of installation and monthly service.
ARTICLE V
Section 1. Default - Remedies: If the Tenant defaults in the
payment of any rental or other charges, or in the observance of any
of the covenants on Tenant's part to be performed hereunder, or
vacates or abandons the Premises, or if by operation of bankruptcy
or insolvency laws or as a result of not satisfying a money
judgment or lien, Tenant's leasehold shall pass to another and not
revert to Tenant within thirty (30) days thereafter, then Landlord
may give written notice of such default to the Tenant and if Tenant
thereafter fails to remove any such default involving the payment
of money within ten (10) days after the date on which such notice
was given, or if the default involves some act or omission other
than the payment of money and shall not be cured within thirty (30)
days, or if the curing thereof is not undertaken promptly within
such period and thereafter expeditiously competed, then the
Landlord shall have the right, at is election, to cancel and
terminate this Lease and dispossess the Tenant; or, the Landlord
shall have the right without terminating or canceling this Lease,
to pursue any remedies for the collection of the rentals and other
charges agreed to be paid by Tenant hereunder as will be permitted
by law or in equity. The Tenant agrees that if an action is
instituted by Landlord for the collection of unpaid rentals or
other charges, Tenant will pay in addition to the rentals and other
sums agreed to be paid hereunder all court costs and such
additional sums as the court may adjudge reasonable as attorney's
fees.
Section 2. Assumption of Risk: The Tenant assumes all risk
of damage to Tenant's property within the Premises which may be
caused by leakage, fire, windstorm, explosion, falling plaster or
other cause, or by the act or omission of any other tenant in the
3
Building, except for damage caused by Landlord or Landlord's
agents.
Section 3. Notices: Whenever under this Lease a provision is
made for notice of ahy kind, such notice shall be in writing, and
signed by or on behalf of the party giving or making the notice,
and shall be hand delivered or sent by certified mail, return
receipt requested, to the following addresses:
TO THE LANDLORD:
MHW INVESTMENTS, INC.
18301 Biscayne Boulevard
2nd Floor
North Miami Beach, FL 33160
TO THE TENANT:
CITY OF AVENTURA
18301 Biscayne Boulevard
3rd Floor
North Miami Beach, FL 33160
WITH A COPY TO:
Weiss, Serota & Helfman, P.A.
2665 South Bayshore Drive
Miami, FL 33133
Attn: David M. Wolpin, Esq.
The addresses for notice may be changed by either party by
giving notice in accordance with this Paragraph to the last address
specified herein, or in accordance herewith.
Section 4. Governing Law: This Lease shall be construed and
governed by the laws of the State of Florida. Should any
provisions of this Lease be illegal or unenforceable under such
laws, or if they shall be considered severable then the Lease and
its conditions shall remain in force and be binding upon the
parties as though the said provisions had never been included.
ARTICLE VI
SERVICES/MAINTENANCE
Section 1. The Landlord shall provide the following services:
(a)
Maintenance and cleaning of the common areas,
the parking lot, the sidewalks, and the
structural and exterior parts of the Building,
maintenance and repair of the basic electrical
supply systems (not in the Premises),
maintenance and repair of the fire alarm
system, and the maintenance and repair of all
other equipment and components which are used
in common by or benefit all tenants in the
Building.
(b) Adequate lighting of parking lot and sidewalks
during dusk to dawn hours.
(c)
Maintenance of common area plantings, signage
and exterior landscaping, utility costs,
including, but no limited to, gas, electric,
water and other charges incurred in connection
with heating, air conditioning, lighting, and
all other equipment used by Landlord and
Tenant in the operation of the Premises.
(d)
Maintain and clean all necessary Building
standard lighting fixtures, floor coverings,
and all Building equipment located within the
Premises, and keep all walls and ceilings in a
reasonable state of repair.
(e)
Janitorial and clean-up service, including
rubbish removal as is typical for office use.
Said janitorial and clean-up service will
provide services which will reasonably clean
the Premises five days a week, Monday-Friday,
excluding holidays.
Section 2. Landlord does not warrant that any service will be
free from interruptions caused by repairs, renewals, improvements,
changes of service, alterations, strikes, lockouts, labor
controversies, accidents, inability to obtain fuel, gas,
electricity, water or supplies, governmental regulations, or other
causes beyond the reasonable control of Landlord. No such
interruption of service shall be deemed an eviction or disturbance
of Tenant's use and possession of the Premises or any part thereof,
or render Landlord liable to Tenant for damages, by abatement of
rent or otherwise except as provided by law, or relieve Tenant from
performance of Tenant's obligations under this Lease.
Section 3. Landlord shall be responsible for the operation,
maintenance and repair of the Premises, and all the Building
machinery, equipment, systems and apparatus located therein or used
in connection therewith, including, but not limited to the
landscaping, structure and roof maintenance and repair, MVAC,
plumbing and sewer systems. Air conditioning will be available
during normal business hours Monday through Friday from 8:00 a.m.
to 6:00 p.m. and Saturdays from 9:00 a.m. to 12:00 p.m., holidays
excluded.
Section 4. Tenant shall be responsible for its own equipment,
furniture, fixtures, decorations and installations including
special lighting fixtures or systems.
ARTICLE VII
TENANT COVENANTS
Section 1. Tenant will not commit any act which will'cause a
mechanic's lien to be filed against the Premises, or against the
Building. Tenant shall not make any repairs, remodeling,
decorating, alterations or additions in excess of Two Thousand Five
Hundred and 00/100 Dollars ($2,500.00) to the Premises without
first procuring Landlord's written consent (which shall be timely
and will not be unreasonably withheld) and delivering to Landlord
the plans and specifications and, upon approval thereof, copies of
the proposed contracts and necessary permits, and shall furnish
indemnification against liens, costs, damages, and expenses as may
be reasonably required by Landlord. All alterations, additions,
improvements and fixtures, other than trade fixtures, which may be
made or installed by either of the parties hereto upon the Premises
and which in any manner are permanently attached to the floors,
walls or ceilings, at the termination of this Lease, shall remain
upon and be surrendered with the Premises as a part thereof,
without damage or injury, and in a reasonable state of repair; any
floor covering, including carpeting, which may be cemented or
otherwise affixed to the floor shall likewise become the property
of Landlord, all without compensation or credit to Tenant.
Section 2. Tenant agrees to indemnify and save Landlord
harmless against any and all claims, demands, damages, costs and
expenses arising from the conduct or management of the business
conducted by Tenant in the Premises, or from the construction of
improvements by the Tenant to the Premises, or from any breach or
default on the part of Tenant in the performance of any covenant or
agreement on the part of Tenant to be performed pursuant to the
terms of this Lease, or from any act or negligence of Tenant, its
agents, contractors, servants, employees, sublessees,
concessionaires or licensees, in or about the Premises and the
Building the parking area and the common areas. In case of any
action or proceeding brought against Landlord by reason of any
such claim, upon notice from Landlord, Tenant covenants to defend
such action or proceeding by counsel reasonably satisfactory to
Landlord. To the extent not expressly prohibited by law, Tenant
releases Landlord, its agents, servants and employees from and
waives all claims to damages to person or Tenant or by any other
occupancy of the Premises, sustained by the Premises, the Building,
or by any other person, resulting directly or indirectly from fire
or other casualty, cause or existing or future condition, defect,
matter or thing in the Premises or any part thereof; or from any
equipment or appurtenances therein or for any accident in or about
the Building, or from any act or other person, including Landlord's
agents and servants, EXCEPT in the event the damages are caused by
the gross negligence or intentional acts of the Landlord or its
servants, agents or employees. All personal property belonging to
the Tenant or any occupant of the Premises shall be there at the
risk of the Tenant or other person only, and the Landlord shall not
be liable for damages thereto or theft or misappropriation thereof.
Section 3. Tenant shall not carry any stock of goods or do
anything in or about the Premises which will in any way tend to
increase insurance rates of said Premises or the Building in which
the same are located. If Landlord shall consent to such use,
Tenant agrees to pay as additional rent any increase in premiums
for insurance against loss by fire or extended coverage risks
resulting from the business carried on in the Premises by Tenant.
If Tenant installs any electrical equipment that overloads the
power lines to the Building, Tenant shall at its own expense make
whatever changes are necessary to comply with the requirements of
insurance underwriters and insurance rating bureaus and
governmental authorities having jurisdiction.
Section 4. Tenant, at Tenant's expense, agrees to maintain in
force during the Term: (1) comprehensive general liability
insurance on an occurrence basis with minimum limits of liability
in an amount of One Million and 00/100 Dollars ($1,000,000.00) for
bodily injury, personal injury or death to any one person and One
Million and 00/100 Dollars ($1,000,000.00) for bodily injury,
personal injury or death to more than one person and One Hundred
Thousand and 00/100 Dollars ($100,000.00) with respect to damage to
property; and (2) fire insurance in an amount adequate to cover the
full replacement value of all leasehold improvements paid for by
Tenant and all fixtures, contents and wall and floor coverings in
the Premises.
The policy referred to above shall name Landlord as additional
insured. Each policy referred to in the paragraph above shall be
issued by one or more responsible insurance companies reasonably
satisfactory to Landlord and such insurance may not be canceled or
materially amended without thirty (30) days prior written notice to
Landlord.
Tenant shall deliver to Landlord certificates of all policies
and renewals thereof to be maintained by Tenant hereunder, not more
than ten (10) days after receipt of written request therefor from
Landlord.
Section 5. 'Each party waives claims arising in any manner in
its ("Injured Party") favor and against the other party for loss or
damage to Injured Party's property located within or constituting
a part or all of the Premises. This waiver applies to the extent
the loss or damage is covered by:
(a)
(b)
the Injured Party's insurance; or
the insurance the Injured Party is required to
carry under this Lease; whichever is greater.
The waiver also applies to each party's
7
directors, officers, employees, shareholders,
and agents. The waiver does not apply to
claims caused by a party's willful misconduct
or gross negligence.
ARTICLE VIII
Section 1. This Lease and all rights of Tenant hereunder are
subject and subordinate to the overlease between Landlord and the
owner of the Building, which do now or may thereafter affect the
consolidations, replacements and extensions thereto. It is the
intention of the parties that this provision be self-operative and
that no further instrument shall be required to effect such
subordination of this Lease. Tenant shall, however, upon demand at
any time or times, execute, acknowledge, and deliver to Landlord
within seven (7) days after written request by Landlord, without
expense to Landlord, any and all instruments that may be necessary
or proper to subordinate this Lease, and all rights of Tenant
hereunder.
ARTICLE IX
DAMAGE BY FIRE OR OTHER CASUALTY
In the case of the total destruction of the Building or of the
Premises by any cause whatsoever either during the Term, or prior
thereto, or during any renewal or extension period thereof, or in
the case of such partial destruction thereof as to render the
Premises untenantable and unfit for Tenant's occupancy, then in any
such event, the Term shall cease and terminate as of the date of
such damage or destruction, and the rent, including rents paid in
advance, shall be adjusted and apportioned as of the date of such
damage or destruction; provided, however, that should the Premises
be capable of restoration to its previous good tenantable condition
within one hundred twenty (120) days from the happening of such
damage, Landlord shall enter and, at is sole cost and expense,
repair the same with all reasonable speed and the Lease shall abate
during the period from the date of such damage until such time as
the repairs are completed. Notwithstanding the above, should the
damage exceed Five Hundred Thousand and 00/100 Dollars
($500,000.00), then Landlord may elect to terminate this Lease
should Landlord decide not to restore the Building. In the event
of the partial destruction of the Premises (by any cause
whatsoever) not rendering the Premises untenantable, repairs or
restoration of the Premises shall be commenced promptly and
completed in a reasonable period of time by and at the sole cost
and expense of Landlord, and rent, until the completion of such
repairs or restorations, shall abate in proportion of the area of
the Premises which is unusable by Tenant.
~a~T~CLE X
SURRENDER OF POSSESSION
Section 1. In the event Tenant remains in possession of the
Premises after the expiration of the Term, including any extended
terms, as set forth herein and without the execution of a new
lease, it shall be deemed to be occupying said Premises as a Tenant
at sufferance from month to month, at 150% of the Rent and paid
during the last month of the Term, subject to all the other
conditions, provisions and obligations of this Lease insofar as the
same are applicable to a month-to-month tenancy unless otherwise
agreed to in writing by the Landlord and the Tenant.
Section 2. Upon the expiration of the Term, including any
extended terms whether by the lapse of time or otherwise, if
Landlord so requests in writing, Tenant shall promptly remove any
movable trade fixtures and personal property placed in the Premises
by Tenant and designated in said request, and repair any damage
occasioned by such removal at Tenant's expense, and in default
thereof, Landlord may effect such removals and repairs, and Tenant
shall pay Landlord the cost of such removals and repairs with
interest at the rate of fourteen percent (14%) per annum,
commencing on the date of payment thereof, and same shall be due
and payable by the Tenant as Additional Rent hereunder.
ARTICLE XI
Section 1. Surrender at End of Term: Upon the expiration of
the Term hereof or sooner termination of this Lease, Tenant agrees
to surrender and yield possession of the Premises to the Landlord
peacefully and without notice, and in good order and condition,
subject only to ordinary wear and reasonable use thereof, and
subject to such damage, destruction or condition as Tenant is not
required to restore or remedy under other terms and provisions of
the Lease.
Section 2. Quiet Enjoyment: The Landlord covenants and
agrees with Tenant that upon Tenant paying said rent and other
charges and performances of the covenants and provisions aforesaid
on Tenant's part to be observed and performed, the Tenant shall and
may peaceably and quietly have, hold and enjoy the Premises for the
term aforesaid.
Section 3. Heirs and Assigns: This Lease and all provisions,
covenants and conditions thereof shall be binding upon and inure to
the benefit of the heirs, representatives, successors and assigns
of the parties hereto, except that no person, firm, corporation or
court officer holding under or through Tenant of any of the terms,
provisions or conditions of the Lease shall have any right,
interest or equity in or to this Lease, the terms of this Lease.
9
ARTICLE XII
LANDLORD'S CANCELLATION OPTION
The parties agree that the over-Landlord requires an option
wherein he can terminate the Leasehold interest ninety (90) days
after the sale of the Building. This is a one time option and it
is only valid in the event the Building is sold and that the new
purchaser does not wish to keep the Tenant. The over-Landlord has
agreed, and Landlord herein agrees, that in no event shall this
Lease be terminated prior to May 31, 1997. However, in the event
that the Building is sold prior to May 31, 1997, and the new owner
does not wish to continue with the Lease, then and in that event,
this Lease shall terminate as of May 31, 1997. In the event the
Building has not been sold, then the Tenant is given the right to
extend this Lease for one additional one year term subject to the
over-Landlord being able to terminate and the Landlord being able
to terminate this Lease upon ninety (90) days written notice and
provided that the over-Landlord shall have sold the Building after
June 1, 1997, and that the new purchaser of the Building has
requested that leases be terminated.
Upon entering into an agreement for the sale, transfer or
conveyance of the Building, Landlord agrees to provide to Tenant
the name, address and phone number of the potential purchaser.
10
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement of Lease as of the day and year first above written.
WITNESSES:
LANDLORD:
MHW INVESTMENTS, INC.
By:
TENANT:
CITY OF AVENTURA, a Florida
municipal corporation
Arthur Snyder, Mayor
Attest:
Patricia Rogers-Libert,
Vice Mayor
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
By:
David M. Wolpin, Esq.,
City Attorney
11
RUr.WS AlqD i~,EGULAT'rOIqS
1. The entries, passages, corridors, halls, elevators and
stairways shall not be obstructed by Tenants for any purpose and
shall only be used for ingress and egress to and from their
respective pren~se~. Ho mats or other objects shall be pezn~tted
in the public corridors.
2. The doors and windows and any lights that re£1ect er admit
light into the halls or other places of the Building shall net be
covered or obstructed. The water and wash alosets and urinals
shall not be used for any purposes other than those for which they
were constructed, and no injurious substance of ~ny kind whatsoever
shall be thrown therein, and the expense of any breakage, stoppage
or damage resulting fr0ma violation of this rule shall be borne by
Tenant or Tenants who; or whose clerks, agents or servants shall
cause it. Tenants~ their agents and employees, shall put out
lights and close and lock ell entrance doors upon leaving the
premises.
3. Tenant agrees that no sign, advertisement or notice shall
be inscribed, painted or affixed on any part of the inside or
outside of the Building except on the entrance office doors and
then only if of such size, color and style as Lagdlord shall
determine. At the option of Landlord, only the s~gn painters
designated by Landlord shall be employed by Tenant for this work.
A directory will be provided in the main entrano~ ~al~ at the
expense of Landlord. No awnings, coverings, air conditLon~ng units
or other fixtures shall be affixed to any of the windows in the
premises without Landlord's approval and consent in writing and
such approval and consent, if given, may be upon such condition as
Landlord in its sole discretion may impose.
4. Tenants, elerksr servants or visitors entering the
Building after 6 P.H. on weekdays and after 1 P.M. on Saturdays and
Sundays or Holidays must sign the register in the entrance hall, if
any be kept there, for such purpose on entering and leaving.
5. Landlord shall have Rower to prescribe the weight and
position of iron safes and machinery, and they shall in all cases
stand on two-inch thick plank to distribute the weight, and the
expense of repairing any damage done to the Building by installing
or removing a safe or ~aohinery, or by the same while on the
premises, shall be borne by Tenant. Safes and machinery shall not
be a~v~d ~to o~ out ~ ~ll~ Buildlfl~ except by persull~ ~Wproved of
and at time f~xed.~ Superintendent. No freight, furniture,
packages or bulky matter of any description will be received in the
Building~ or carried up or down the elevators, except during the
hours designated by Landlord. Tenant agrees that ~1~ machines or
machinery placed in the pre~{ees by Tenant will erected and
placed so as to prevent any vibration or annoyance to any ether of
the Tenants in the Building of which the premises are a part, and
it is agreed that upon written request of Landlord, Tenant will,
within ten (10} days after the mailing of such notice, provide
approved settings for the absorbing, preventing or decreasin9 o~
noise ,rem any or all machines or machinery placed in the premises.
6. No lamp, fixtur~ or appliance of any sor~ shall he
a~tached to or connected with gas or electric fixtures, if any,
within the premises, except such es are f~rnished or approved by
Landlord, nor shall Tenant install or operate in the premises any
electrically operated equipment or other equipmentof any kigd.cr
nature whatsoever which will LnHolve the consumption of electricity
or water, or may necessitate any changes or additions to or require
the use of the water, plumbing, heating, air conditioning, or
electrical systems of the premises, without the prior written
consent of Landlord.
?. Nothing sha%l be thrown hy Tenant, their clerks or
servants, out of the w~ndows ~r doors, or down the passageways of
the Building, nor shall anything whatsoever he kept or placed on
the window sills or ledges. Tenants shall not make or permit their
clerks or s~v.~nts to. make improper noises or play musical
instruments an =ne premises, oF. interfere in any way with other
Tenants, or those having business with them, nor shall animals or
birds be brought or kept in or about the Building.
8. Tenant is not allowed to have any cooking utensils or to
portions of the Building~ nor to permit an~vending maohlnes on the
demised premises for the sale or dispensLng of food and/or drinks
and/or any other merchandise~ nor to permit or allow any third
persons to deliver food and/or drinks into the premises for
consumption or storage on the premises without Landlord's written
approvall nor to have any sleeping apartments nor use the premises
or any part thereof for the purpose of sleeping therein.
9. No Tenants or any of their employees, ~gente, or visitors
shall at any t£me keep or have on the premises any kerosene,
camphor, ben=ins, gasoline or any inflammable or combustible fluid,
chemical or explosive during the term of this is lease.
10. If Tenants desire telegraphic or telephonic connections,
Landlord or its agents shall direct the electricians as to where
and how the wires are to be introduoed~ and without such directions
no boring or cutting of wires will be permitted. Ho antennas will
be permitted.
11. No ~dditional locks or bolts of any kind shall be placed
upon any of the doors or windows by any Tenant, and each Tenant
must, upon the termination of this tenancy, restore to Landlord all
keys of offices and toilet rooms, either furnished to or otherwise
procured by such Tenant, and in the event o~ the loss of any keys,
so furnished, such Tenant shell pay to Landlord the cost thereof.
12. Landlord shall be in no way responsible to any Tenant for
any lose of property from the premises, however occurring, or ~or
any damage to the furniture or other effects of any Tenant by the
Superintendent or any of the Landlord's other employees.
13. No Tenant shell occupy or permit any portion of the
premises demised to him to be occupied as an office for a public
stenographer or ~¥pist, or as a barber, manicure, or chiropodist
shop or as an mn. ployment bureau or school, or ~or the sale o£
newspapers, per~odinals, magazines, theater tickets, liquor,
narcotics, dope or tobacco in any form. No Tenant shall engage or
pay any employees on the demised premises, except those actually
working for such Tenant on said pr-m~ses, or advertise for laborers
giving any address at the said premises.
14. Tenant shal~ not obtain any towel supply or ica service
except ~rom persons designated by Landlord, nor obtain d~nk£ng
water ~or delivery on the pr~4ses from any source not approved by
Landlord,
15. In case Landlord shell, in the exercise of any right
herein granted, store any personal property, belonging ~o Tenant,
Landlord shall have the further right to dispose of SUCh property
by sale or otherwise upon two weeks' notice in writing for that
purpose. If Landlord shall sell any such proper~¥, Landlord shall
be entitled to retain from the proceeds thereo~ the expenses of the
sale and cost o~ storage.
16. Landlor? shall have the right to prohibit any advertising
by Tenant which an Landlord's opinion is harmful to the Building,
its reputation or its desirability as an o~fice building. Tenant
shall discontinue such advertising 4~mediately upon written
notification by Landlord.
17. L~ndlord reserves the right to modify the foregoing ~ules
and r.gul,t on,, or
.r~.los a~d regulations as in
the Bui~di~g~ and ~or =~e pre~e~a=~on o~.9~_~-~-'be bi~din-
a~ s~oh other ~d ~urther
upon ~he par~ies hereto with the same ~oroe and ez~ecu as ~ =ney
had been inserted at the t~ of ~he execution hereof.
18. Tenant hereby agzees to place "office chair £1oor mats"
'under all desk chairs.
L, ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBeRTO PASTOR IZA
WEISS SEI~OTA ~c HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI~ FLORIDA 33M33
April 12, 1996
B r OWARD Of=ICE
88~ EASt LA~ OIAS BOULEVARD
SUITE
FORT LAUDERDALE, FLORIDA 33301
TELEPHONe (305) 763-I 189
~OF COUNSEL
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Gifts, Sunshine Law and Attendance at Functions
Dear Mayor and Councilmembers:
The purpose of this letter is to provide guidance to the City
Councilmembers to assure compliance with the provisions of law
pertaining to the reporting and receipt of gifts by public
officials, including City Councilmembers, and the Florida Sunshine
Law. Section I of this letter will address Sunshine Law matters,
while the subject of the receipt and reporting of gifts will be
addressed in Section II.
I. SUNSHINE LAW
The Florida Sunshine Law is provided by ~ 286.011, Fla. Stat.,
entitled "Public Meetings and Records; Public Inspection; Criminal
and Civil Penalties" and provides in subsection 1 thereof as
follows:
"Ail meetinqs of any 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, at which official acts are to be taken are
declared to be public meetinqs, 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)
The Aventura City Council, as well as committees, advisory
boards or commissions created by the City Council, must comply with
the Sunshine Law. The Sunshine Law prohibits two or more members
of the same council, board, commission or body from the discussion
Honorable Mayor and Councilmembers
April 12, 1996
Page 2
(interchange of ideas) on 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 police chiefs from adjoining
communities to help select a police chief for the City of Aventura,
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 of any item which may come before the board is strictly
avoided, o__r 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.~
A few other illustrative examples may be helpful. If two or
more members of the City Council were to attend a meeting of a
civic association, it would not be proper for either of the
Councilmembers to engage in a discussion or presentation at such
meeting (upon any matter which may come before the Council) in the
presence of the other Councilmember unless the meeting complied
with the requirements of the Sunshine Law. If Councilmembers
attend such a meeting which has not been duly noticed, and one
Councilmember proceeds to speak, the other Councilmembers should
absent themselves from the room.
~/ For example,
training session, just
between members.
public notice was provided for the recent
in case an exchange of ideas would occur
WEISS SEROTA & HELFMAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 3
The following recommendations are respectfully offered to City
Councilmembers in an effort to assist in compliance with the
Sunshine Law.
1. Do not pass around a memorandum from one member of the
Council 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 City Council, which is not open to
the public and duly noticed, unless any discussion of the business
of the Council is strictly avoided.
3. Do not utilize a staff person or any third party to
create an indirect discussion or interchange between two or more
City Councilmembers on City business.
4. Do not privately poll or canvas other City Councilmembers
by telephone or otherwise to obtain their approval or lack of
objection to the business of the City Council. (Staff should also
avoid this since Councilmembers 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 City Council.2)
5. Even if only giving or seeking information, a
Councilmember cannot talk to another member of the same council
about any City matter which is within the scope of the business of
such council that may come before such members, except at a duly-
noticed public meeting. (A Councilmember may prepare a memorandum
for inclusion in a Council Agenda).
6. A City Councilmember may discuss City business with an
individual member of a different City board not composed of members
of the City Council, 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.
2/ This does not preclude the City Manager or City Attorney
from separately asking each Councilmember his or her position on an
issue, so long as such process is not a substitute for
consideration as a body and the thoughts of the members are not
circulated through a liaison approach.
WEISS SEI~OTA ~c HELI~I~IAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 4
8. Avoid making inspection trips with other City
Councilmembers. 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 or board
member when that member has been delegated a portion of the
decision-making authority. The Attorney General has determined
that: if a Councilmember has been authorized, formally or
informally, to exercise any decision-making authority on behalf of
the Council, such as approving or rejecting certain contract
provisions, he is acting on behalf of the Council and such meetings
are subject to the Sunshine Law. See Attorney General Opinion 90-
17.
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 $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. City Councilmembers and other board members
must utilize great caution, lest their public service be rewarded
with fines, penalties and unnecessary aggravation.
II. RECEIPT AND REPORTING OF GIFTS
City Councilmembers are subject to particular restrictions and
requirements on the receipt and reporting of any gifts which they
may receive. The source of these restrictions are provided both by
state law, including § 112.3148, Fla. Stat., and by the Metropolitan
Dade County Conflict of Interest and Code of Ethics Ordinance (the
"County Ethics Code"). A Councilmember must comply with both sets
of restrictions and carefully consider each, when offered any gift.
A. County Ethics Code.
The pertinent provisions of the Dade County Ethics Code are
provided by § 2-11.1(e), which provides, in pertinent part, as
WEISS SEI~OTA ~ HELF~IAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 5
follows:
(e) Gifts
(1) Definition. The term "gift" shall refer
to the transfer of anything of economic value,
whether in the form of money, service, loan,
travel, entertainment, hospitality, item or
promise, or in any other form, without
adequate and lawful consideration.
(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) materials such as
books, reports, periodicals or pamphlets which
are solely informational or of an advertising
nature;
(3) Prohibitions. A person described in
subsection (b) (1)-(6) [County and municipal
officials, including City Councilmembers]
shall neither solicit nor demand any qift. It
is also unlawful for any person or entity to
offer, give or agree to give to any person
included in the term defined in subsection
(b) (1)-(6) or for any person included in the
term defined in subsection (b) (1)-(6)
[including the City Council] to accept or
aqree to accept from another person or entity,
any qift for or because of: (a) an official
public action taken or to be taken, or which
could be taken; (b) a legal duty performed or
to be performed, or which could be performed;
or (c) a legal duty violated or to be
violated, or which could be violated by any
person included in the term defined in
subsection (b) (1) [members of the board of
County Commissioners or members of City
Councils].
(4) Disclosure. Any person included in the
term defined in subsection (b) (1)-(6) shall
disclose as provided herein any qift, or
series of gifts from any one person or entity,
havinq a value in excess of Twenty Five
Dollars ($25.00). 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.
WEISS SEI~OTA ~ ~{ELFi~IAN, P..~i.
Honorable Mayor and Councilmembers
April 12, 1996
Page 6
The above-cited restrictions and provisions of the County
Ethics Code are made applicable to municipal Councilmembers
pursuant to § 2-11.1(a) which provides, in pertinent part, as
follows:
References in the section to County personnel
shall therefore be applicable to municipal
personnel who serve in comparable capacities
to the County personnel referred to.
The gist of the County Ethics Code provisions applicable to
the subject matter of gifts may be summarized as follows:
1. City Councilmembers are prohibited from soliciting or
demanding any gift.
2. City Councilmembers are prohibited from accepting or
agreeing to accept any gift because of or in exchange for a
performance or non-performance of public duties.
3. City Councilmembers must disclose and report any gift or
series of gifts from any one person or entity having a value in
excess of Twenty Five Dollars ($25.00). This County Ethics Code
provision on gift disclosure would be satisfied by filing such
disclosure with the City Clerk on a quarterly basis utilizing the
State Quarterly Gift Disclosure form provided by § 112.3148,
Fla. Stat.3
B. STATE ETHICS CODE
The Code of Ethics for Public Officers and Employees
§ 112.311- § 112.326, Fla. Stat., (the "State Ethics Code") sets
forth a far more complex set of gift restrictions than that
provided by the County Ethics Code. Pursuant to § 112.313(2),
Fla. Stat., all public officers, candidates and employees are
prohibited from solicitinq or acceptinq anything of value, such as
a gift, loan, reward, service, favor or promise of future
employment that is based on any understandinq that their vote,
official action or judgment would be influenced by such gift.
Beyond the basic prohibition set forth in § 112.313(2), a more
complex set of restrictions is established by § 112.3148,
"Reporting and prohibited receipt of gifts. "
3/ Filing with the City Clerk is sufficient for this purpose
since the reference in Section 2-11.1(e) (4) to the "Clerk of the
Board of County Commissioners" is converted to the City Clerk by
virtue of the incorporation by reference language used in Section
2-11.1(a) .
WEISS SEROTA
Honorable Mayor and Councilmembers
April 12, 1996
Page 7
The core requirements of § 112.3148, as applicable to City
Councilmembers, are provided in subsections (3), (4), and (8) (a):
(3) A reporting individual or procurement
employee is prohibited from soliciting any
qift, food, or beverage from a political
committee or committee of continuous
existence, as defined in s. 106.011, or from a
lobbyist who lobbies the reporting
individual's or procurement employee's agency,
or the partner, firm, employer, or principal
of such lobbyist, where such gift, food, or
beverage is for the personal benefit of the
reporting individual or procurement employee,
another reporting individual
employee, or any member of
family of a reporting
procurement employee.
(4) A reporting individual
employee or any other person
or procurement
the immediate
individual or
or procurement
on his or her
behalf is prohibited from knowinqly acceptinq,
directly or indirectly a gift from a political
committee or committee of continuous
existence, as defined in s. 106.011, or from a
lobbyist who lobbies the reporting
individual's or procurement employee's agency,
or directly or indirectly on behalf of the
partner, firm, employer, or principal of a
lobbyist, if he or she knows or reasonably
believes that the qift has a value in excess
of $100; however, such a gift may be accepted
by such person on behalf of a governmental
entity or a charitable organization. If the
gift is accepted on behalf of a governmental
entity or charitable organization, the person
receiving the gift shall not maintain custody
of the gift for any period of time beyond that
reasonably necessary to arrange for the
transfer of custody and ownership of the gift.
(8)(a) Each reporting individual or
procurement employee shall file a statement
with the Secretary of State on the last day of
each calendar quarter, for the previous
calendar quarter, containing a list of qifts
which he or she believes to be in excess of
$100 in value, if any, accepted by him or her,
except the following:
1. Gifts from relatives.
2. Gifts prohibited by subsection (4)
or s. 112.313(4).
WEISS S E i~OTA
Honorable Mayor and Councilmembers
April 12, 1996
Page 8
3 o
Gifts otherwise required to be
disclosed by this section. [emphasis
added]
It should be noted that the term "lobbyist" is broadly defined
in § 112.3148(2) (b), Fla. Stat., to include any person who for
compensation seeks, or sought during the preceding 12 months, to
influence the governmental decision-making of the City Council or
the City, and any person who is required by the City to register as
a lobbyist. The term "reporting individual" includes City
Councilmembers and all other persons required to file financial
disclosure under Chapter 112 Florida Statutes.
The above-referenced gift restrictions provided by the State
Ethics Code may be summarized as follows:
1. A City Councilmember is prohibited from soliciting or
accepting anything of value upon the basis of any understanding
that the Councilmembers' vote, official action or judgment will be
influenced by such gift. (§ 112.313(2), FlaoStat.)
2. A City Councilmember is Drohibited from solicitinq any
gift, food, or beverage from a political committee or committee of
continuous existence ("Political Committee"), or from a lobbyist
who lobbies or has lobbied the City of Aventura, if such gift,
food, or beverage is for the personal benefit of the City
Councilmember, another reporting individual or procurement
employee, or any member of the immediate family of any City
Councilmember, reporting individual or procurement employee.
3. A City Councilmember is prohibited from knowinql¥
acceptinq, directly or indirectly, a gift from a Political
Committee or from a lobbyist who lobbies or has lobbied the City of
Aventura, if he or she (the City Councilmember) knows or reasonably
believes that the qift has a value in excess of $100.4
4. A City Councilmember must file a statement with the
Secretary of State of the State of Florida on the last day of each
calendar quarter, for the previous calendar quarter, containing a
list of gifts which he or she believes to be in excess of $100 in
value, if any, accepted by such Councilmember. For example, gifts
required to be disclosed which are believed to be of a value in
excess of $100 would be required to be reported by the
4/ However, a gift may be accepted by the Councilmember on
behalf of the City entity. If so accepted, the Councilmember
receiving the gift shall not maintain custody of the gift for any
period of time beyond that reasonably necessary to arrange for
custody and ownership of the gift by the City. (§ 112.3148(4))
WEISS SEROTA
Honorable Mayor and Councilmembers
April 12, 1996
Page 9
Councilmember by June 30, 1996 for the quarterly period of January
through March, 1996.
Subsection 7 of § 112.3148, Fla. Stat., provides criteria for
determining the value of a gift. This criteria is also
supplemented by provisions of the Florida Administrative Code and
is interpreted by opinions of the Florida Commission on Ethics.
To guide a Councilmember's actions under the gift restrictions
set forth in § 112.3148, it essential to focus on the definition of
gift as set forth in § 112.312(12), Fla. Stat. Section 112.312(12)
provides as follows:
(12) (a) "Gift," for purposes of ethics in
government and financial disclosure required
by law, means that which is accepted by a
donee or by another on the donee's behalf, or
that which is paid or given to another for or
on behalf of a donee, directly, indirectly, or
in trust for the donee's benefit or by any
other means, for which equal or greater
consideration is not given, including:
1. Real property.
2. The use of real property.
3. Tangible or intangible personal property.
The use of tangible or intangible
personal property.
A preferential rate or terms on a
debt, loan, goods, or services,
which rate is below the customary
rate and is not either a government
rate available to all other
similarly situated government
employees or officials or a rate
which is available to similarly
situated members of the public by
virtue of occupation, affiliation,
age, religion, sex or national
origin.
6. Forgiveness of an indebtedness.
7. Transportation, lodging, or parking.
WEISS SEROTA ~ HELFI~IAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 10
Food or
consumed
event.
beverage, other than that
at a single sitting or
9. Membership dues.
10.
Entrance fees, admission fees, or
tickets to events, performances or
facilities.
11. Plants, flowers, or floral arrangements.
12. Services provided by persons
pursuant to a professional license
or certificate.
13.
Other personal services for which a
fee is normally charged by the
person providing the services.
14.
Any other similar service or thing
having an attributable value not
already provided for in this
section.
(b) "Gift" does not include"
Salary, benefits, services, fees,
commissions, gifts, or expenses
associated primarily with the
donee's employment or business.
2 o
Contributions or expenditures
reported pursuant to Chapter 106,
campaign-related personal services
provided without compensation by
individuals volunteering their time,
or any other contribution or
expenditure by a political party.
An honorarium or an expense related
to an honorarium event paid to a
person or the person's spouse.5
lecture
imposes
Honorariums (payment made for a public officer's speech,
or writing) are governed by ~ 112.3149, Fla. Stat., which
restrictions, prohibitions and reporting requirements.
WEISS SEROTA
Honorable Mayor and Councilmembers
April 12, 1996
Page 11
An award, plaque, certificate, or
similar personalized item given in
recognition of the donee's public,
civic, charitable, or professional
service.
An honorary membership in a service
or fraternal organization presented
merely as a courtesy by such
organization.
Food or beveraqe consumed at a
single sittinq or event.
The use of a public facility or
public property, made available by a
governmental agency, for a public
purpose. [emphasis added]
Consideration of examples of the application of this
definition is helpful to an understanding of the interpretation of
these provisions. Pursuant to subsection (12) (a) (8) and (b) (6) of
§ 112.312, Fla. Stat., it would be permissible for a Councilmember
to simply accept food and beveraqes from any person, including a
Political Committee or a lobbyist, so long as such food or beverage
is "consumed at a single sitting or event."6 However, it would not
be proper for such Councilmember to solicit such food or beverages
from a Political Committee or a lobbyist who lobbies or has lobbied
the City of Aventura, since that is prohibited by subsection (3) of
§ 112.3148.
Under subsection (12) (a) (10) of § 112.312, a City
Councilmember would be prohibited from accepting tickets to a show
from a Political Committee, or from a lobbyist who lobbies or has
lobbied the City of Aventura, if the Councilmember knows or
reasonably believes that the qift has a value in excess of $100.
However, a Councilmember could accept such gift from a person other
than a lobbyist or Political Committee. Such gift would then be
subject to reporting and disclosure by the Councilmember.7
6/ Please note that such food and beverages must be reported
by the Councilmember under the County Ethics Code, if of a value in
excess of Twenty-Five Dollars ($25.00).
?/ Such report would be required under both the State Ethics
Code and County Ethics Code.
WEISS SEi~OTA ~c I-IELFMAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 12
As can be seen from the above analysis and examples, the
complexity of the statutory framework which the Legislature has
established, makes it very wise to seek legal advice and guidance
on each specific instance which arises under the State gift law.
It is intended that this letter set forth general guidelines and
promote awareness of restrictions, while encouraging the seeking of
advice, from time to time, as necessary.
III. POTENTIAL PENALTIES AND CONSEQUENCES.
While there are no criminal penalties for violation of the
Florida Code of Ethics, unless such conduct also violates some
other law providing such penalty, the non-criminal violation by a
City Councilmember of the gift solicitation or acceptance
prohibitions and gift reporting requirements can result in one or
more of the following penalties:
Impeachment;
Removal from office;
Suspension from office;
Public censure and reprimand;
Forfeiture of part of public salary or compensation;
Civil penalty not to exceed $10,000;
Restitution of any pecuniary benefits received because of
the ethical violation committed.
Each of the above penalties is provided by § 112.317(1) (a),
Fla. Stat.
Under the County Ethics Code, § 2-11.1(t), the potential
punishment for a violation of the County Ethics Code provisions
pertaining to the receipt and reporting of gifts, as required by
the County Ethics Code is a criminal penalty of a fine not to
exceed $500 or imprisonment in the County jail for not more than 30
days or by both such fine and imprisonment.8
It is important to remember that compliance with both the
State Ethics Code and County Ethics Code is required.
8/ That penal sanction merits serious attention. A few
years ago, the Dade State Attorney's office attempted to criminally
prosecute members of the Coral Gables City Commission for alleged
violation of the County gift reporting requirements. Although
these charges were ultimately dismissed by the courts, much
embarrassment and aggravation was suffered by members of the City
Commission.
WEISS SE1ROTA & HELF~IAN, P.A.
Honorable Mayor and Councilmembers
April 12, 1996
Page 13
Please advise
addressed above or
DMW/tms/328001
Enclosure
cc: Richard Jay Weiss,
if there are any questions on the
if questions arise in the future.
Respectfully submitted,
David M. Wolpin
Esq.
matters
WEISS S E I{OT-~
Y
d
d
~t
:h
of
d.
~d
of
~ · MiSCEU.ANEOUS PROVISIONS .
appeals any court order which has found said board,
basecL The requiremonts of this section do not apply to
~.nofice prov~ed in s. 200._.0~..(3)~ ~. ~.-~,~.
286.011 Public meetings and records; public
blsm~:tton;, c~,ina and civil penalties.--.. _,
(~)- All meetings of any bears or commlss on u~ any
state agenCY or authority or of any agency or authority
of any county, monioipeJ corporation, or political subdivi-
sion, except as cthenvise provided in the Constitution,
at which o~JciaJ acts ere to lie taken ere declared to be
publio meetings open to the public at all times, and no
resolution, rule, or formai action shall be considered
nd n except as taken or made at such meetio.g.. The.
b' g
board or commas on mus~
all such meetings.
(2) The minutes of a meeting of any such beard or
commission of any such state agenCY or authority shall
be promptly recorded, and such records shail be open
n nub ¢ nspectJon. The circuit courts of t.his s~t~e_ s_h..al.I
ll°avPe~ jurisdiotion to issue injunctions to enforce me pu,-
poses of this section upOn applioation by any citizen of
this state.
3 a Any~ who violates any provision
of ;{antion,,- ctan°=minai'nfrsction' pen-
ishable by fine not exceeding $.500.
(b) ~nv nerson whn i.~ n member of a board or com-
mission or of any state agency u authority of any
court municipel corporst on, or political subdivision
ty ...... ,-~ ,..rovisions of this section by
attending a meeting not held in accordance with the pro-
visions hereof is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
7'/5 .O83.
(c) Conduct which occurs outside the state which
would constitute a knowing violation of this section is a
misdemeanor of the second degree, punishable as pro-
vidsd Jn s. 775,082 or s. 775.083.
(4) Whenever an action has been filed against any
board or commission of any state agency or authority or
any agency or authority of any county, municipal corpo-
ration or onliticai subdNision to enfome the provisions
of this section or to jnvaiJdsta the actions of any such
board, commission, agency, ~ authority, which action
was taken in violation of this section, and the court
detamnices that the defendant or defendants to such
assess a reasonable attorney = ,== e ,
against the individual filing such an acuu, - ,,,~
finds it was filed Jn bad faith or was frivolous. Any fees
so assessed may be assessed against the individual
member or members of such board or commission; pro-
vided, that in any case where the boerd or commission
lowed, no such fees shail be aasassuu =g . .
vidual member or members of the board or commission.
However, this subsection shall not apply to a state attor-
ney or his or her duly authorized assistants or any offieer
ch~rg~cl with enforcing the provisions of this section.
Whenever any board or commission of any state
(5) -
agency or authority or any agency or outhonty of any
commission, agency, or authority to have violated this
section, and such order is affirmed, the court shaft
asseas a reasonable attorney's fee for the appeal
against such board, commission, agency, or authority.
Any fees so assessed may be assessed against the indi-
vidual member or members of such board or comm~s-
sion; provided, that in any case where the board or com-
mission seeks the advice of its ~ttomey and such advice
is followed, no such fees shall be assessed against the
individual member or members of the board or commis-
sion.
(6) NI persons subject to subsection (1) ere prohib-
ited from holding meetings at anY facility or location
which discriminates on the basis of sex, age, race,
creed, color, odgin, or economic status or which oper-
ates in such a manner as to unreasonably restdct public
access to such a facility._~._. ~ ~.,, k~"~d or commis-
(7) Whenever any me.,u=. ~, ~,~ ~-
sion of any state agency or authority or any agenCY or
authority of anY county, municipal corporation, or politi-
cal subdivision is charged w th a violation of this s~ct!on
and is subsequently acquitted, the board or commission
is authorized to reimburse said member for any portion
of his or her reasonable attorney's fees.
(8) Notwithstanding the prOvisions of subsection (1),
any board or commission of any state agenCY or author-
ity or anY agenCY or authority of any county, municipal
corporation, or political subdivision, and the chief admin-
istrative or executive officer of the governmental entity,
may meet in private with the entity's attorney to discuss
pending litigation to which the entity is presently a party
before a court or administrative agenCY, provided that
the following conditions ere met:
a) The entity's attorney shall advise the entity at a
pu(l~tic meeting that he or she desires advice concerning
the litigation.
(b) The subject matter of the meeting shall be ?on-
fined to settlement negotiations or strategy sessions
related to litigation expenditures.
The entire session shall be recorded by a certi-
(c) reporter shall record the times
fled court reporter. The
of commencement and terminetion of the session, ail
disouseion ~ proceedings, the t~l. _,e,s _of._~_lnsP:~:a~s.
present at any time. and the names or a, pe~=>~ ~,
lng. No portion of the session shall be off the record. The
court reporter's notes shall be fully transcribed and filed
with the entity's clerk within a reasonable time after the
meeting.
(d) The entity shall give reasonable public notice of
the time and date of the ettomcy-ciisnt session and the
names of pemons who will be attending the session. The
session shall commence at an open meeting at which
the persons chai~ng the meeting shall announce the
commencement and estimated length of the attorney-
client session ~ the names of the persons attending.
At the conclusion of the attorney-client session, the
meeting shall be reopened, and the person chairing the
meeting shall announce the tam~ination of the session.
(e) The transofiPt shall be made part of the public
county, municipal corporation, or political subdNision
F.S. 1995 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch. 112
(f) The requirements of this subsection do not apply
to candidates or to the first filing required of any state
officer, specified employee, or Iccal officer.
(7) The appointing official or body shall notify each
newly appointed local officer, state officer, or specified
state employee, not later than the date of appointment,
of the officer's or employee's duty to comply with the
disclosure requirements of this section. The agency
head of each employing agency shall notify each newly
employed local officer or specified state employee, not
later than the day of employment, of the officer's or
employee's duty to comply with the disclosure require-
ments of this section. The appointing official or body or
employing agency head may designate a person to be
responsible for the notification requirements of this sec-
tion.
(8) A public officer who has filed a disclosure for any
calendar or fiscal year shall not be required to file a sec-
ond disclosure for the same year or any part thereof, not-
withstanding any requirement of this act, except that
any public officer who qualifies as a candidate for public
office shall file a copy of the disclosure with the officer
before whom he or she qualifies as a candidate at the
time of qualification.
112.3146 Public record$,--The statements
required by ss. 112.313, 112.3145, 112.3148, and
112.3149 shall be public records within the meaning of
s. 119.01.
112.3147 Forma.--AII information required to be fur-
nished by ss. 112.313, 112.3143, 112.3145, 112.3148,
and 112.3149 and by s. 8, Art. I1 of the State Constitution
shall be on forms prescribed by the Commission on Eth-
ics.
'-~ 112.3148 Repo~ng and prohibited receipt of gifts
by individuals ~ing full or limited public disclosure of
financial interests and by procurement employees.--
(1} The provisions of this section do not apply to
gifts solicited or accepted by a reporting individual or
procurement employee from a relative. (2) As used in this section:
(a) 'Immediate family" means any parent, spouse,
child, or sibling.
(b)l. 'Lobbyist' means any natural person who, for
compensation, seeks, or sought during the preceding
12 months, to influence the governmental
decisionmaking of a reporting individual or procurement
employee or his or her agency or seeks, or sought during
the preceding 12 months, to encourage the passage,
defeat, or modification of any proposal or recommenda-
tion by the reporting individual or procurement
employee or his or her agency.
2. With respect to an agency that has established
by rule, ordinance, or law a registration process for per-
sons seeking to influence decisionmaking or to encour-
age the passage, defeat, or modification of any proposal
or recommendation by such agency or an employee or
official of the agency, the term "lobbyist' includes only
a person who is required to be registered as a lobbyist
in accoddance with such rule, ordinance, or law or who
was during the preceding 12 months required to be reg-
istered es a lobbyist in accordance with such rule, ordi-
nance, or law. At a minimum, such a registration system
must require the registration of, or must designate, per-
sons as 'lobbyists' who engage in the same activities as
require registration to lobby the Legislature pursuant to
s. 11.045.
(c) 'Person" includes individuals, firms, associations,
joint ventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations, and all
other groups or combinations.
(d) 'Reporting individual' means any individual who
is required by law, pursuant to s. 8, Art. II of the State
Constitution or s. 112.3145, to file full or limited public
disclosure of his or her financial interests.
(e) 'Procurement employee' means any employee of
an officer, department, board, commission, or council of
the executive branch or judicial branch of state govern-
ment who participates through decision, approval, dis-
approval, recommendation, preparation of any part of a
purchase request, influencing the content of any specifi-
cation or procurement standard, rendering of advice,
investigation, or auditing or in any other advisory capac-
ity in the procurement of contractual services or com-
modities as defined in s. 287.012, if the cost of such ser-
vices or commodities exceeds $1,000 in any year.
(3) A reporting individual or procurement employee
is prohibited from soliciting any gift, food, or beverage
from a political committee or committee of continuous
existence, as defined in s. 106,011, or from a lobbyist
who lobbies the reporting individual's or procurement
employee's agency, or the partner, firm, employer, or
principal of such lobbyist, where such gift, food, or bev-
erage is for the personal benefit of the reporting individ-
ual or procurement employee, another reporting individ-
ual or procurement employee, or any member of the
immediate family of a reporting individual or procure-
ment employee.
(4) A reporting individual or procurement employee
or any other person on his or her behalf is prohibited
from knowingly accepting, direcfiy or indirectly, a gift
from a political committee or committee of continuous
existence, as defined in s. 106.011, or from a lobbyist
who lobbies the reporting individual's or procurement
employee's agency, or directly or indirectly on behalf of
the partner, firm, employer, or principal of a lobbyist, if
he or she knows or reasonably believes that the gift has
a value in excess of $100; however, such a gift may be
accepted by such person on behalf of a governmental
entity or a charitable organization, if the gift is accepted
on behalf of a govemmantal entity or charitable organi-
zation, the person receiving the gift shall not maintain
custody of the gift for any period of time beyond that rea-
sonably necessary to a~range for the transfer of custody
and ownership of the gift.
(5)(a) A political committee or a committee of confin-
uous existence, as defined in s. 106.011; a lobbyist who
lobbies a reporting individual's or procurement employ-
ee's agency; the partner, firm, employer, or principal of
855
Ch. 112
PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS
F.S. 1995
a lobbyist; or another on behalf of the lobbyist or partner,
firm, principal, or employer of the lobbyist is prohibited
from giving, either directly or indirectly, a gift that has a
value in excess of $100 to the reporting individual or pro-
curement employee or any other person on his or her
behalf; however, such person may give a gift having a
value in excess of $100 to a reporting individual or pro-
curement employee if the gift is intended to be trans-
ferred to a governmental entity or a charitable organiza-
tion.
(b) However, a person who is regulated by this sub-
section, who is not regulated by subsection (6), and who
makes, or directs another to make, an individual gift hav-
ing a value in excess of $25, but not in excess of $100,
other than a gift which the donor knows will be accepte .d
on behalf of a governmental entity or charitable organi-
zation, must file a report on the last day of each calender
quarter, for the previous calendar quarter in which a
reportable gift is made. The report shall be filed with the
Secretary of State, except with respect to gifts to report-
lng individuals of the legislative branch, in which case
the report shall be filed with the Joint Legislative Man-
agement Committee. The report must contain a descrip-
tion of each gift, the monetary value thereof, the name
and address of the person making such gift, the name
and address of the recipient of the gift, and the date
such gift is given. In addition, when a gift is made which
requires the filing of a report under this subsection, the
donor must notify the intended recipient at the time the
gift is made that the donor, or another on his or her
behalf, will report the gift under this subsection. Under
this paragraph, a gift need not be reported by more than
one person or entity.
(6)(a) Notwithstanding the provisions of subsection
(5), an entity of the legislative or judicial branch, a
department or commission of the executive branch, a
water management district created pursuant to s.
373.069, Th-County Commuter Rail Authority, a county,
a municipality, an airport authority, or a school beard
may give either directly or indirectly, a gift having a
value in excess of $100 to any report ng individual or pro-
curement emptoyee if a public purpose can be shown
for the gift; and a direct-support organization specifi-
cally authorized by law to support a governmental entity
may give such a gift to a reporting individual or procure-
ment employee who is an officer.or employee of such
governmental entity.
(b) Notwithstanding the provisions of subsection (4),
a reporting individual or procurement employee may
accept a gift having a value in excess of $100 from an
entity of the legislative or judicial branch,.a department
or commission of the executive branch, a water manage-
ment distdct created pursuant to s; 373.069, Tri-County
Commuter Rail Authority, a county, a municipality, an air-
port authority, or a school board if a public purpose can
be shown for the gift; and a reporting individual or pro-
curement employee who is an officer or employee of a
governmental entity supported by a direct-support
organization specifically authorized by law to support
such governmental entity may accept such a.gift from
such direct-support organization.
(c) No later than Mamh 1 of each year, each govern-
mental entity or direct-support organization specifically
authorized by law to support a governmental entity
which has given a gift to a reporting individual or pro-
curement employee under paragraph (a) shall provide
the reporting individual or procurement employee with
a statement of each gift having a value in excess of $100
given to such reporting individual or procurement
employee by the governmental entity or direct-support
organization during the preceding calendar year. Such
report shall contain a description of each gift, the date
on which the gift was given, and the value of the total
gifts given by the governmental entity or direct-support
organization to the reporting individual or procurement
employee during the calendar year for which the report
is made. A governmental entity may provide a single
report to the reporting individual or procurement
employee of gifts provided by the governmental entity
and any direct-support organization specifically author-
ized by taw to support such governmental entity,
(d) No later than July 1 of each year, each reporting
individual or procurement employee shall file a state-
ment listing each gift having a value in excess of $100
received by the reporting individual or procurement
employee, either directly or indirectly, from a govern-
mental entity or a direct-support organization specifi-
cally authorized by law to support a governmental entity.
The statement shall list the name of the person provid-
ing the gift, a description of the gift, the date or dates
on which the gift was given, and the value of the total
gifts given during the calendar year for which the report
is made. The reporting individual or procurement
employee shall attach to such statement any report
received by him or her in accordance with paragraph (c),
which report shall become a public record when filed
with the statement ct the reporting individual or procure-
ment employee. The reporting individual or procurement
employee may explain any differences between the
report of the reporting individual or procurement
employee and the attached reports. The annual report
filed by a reporting individual shall be filed with the finan-
cial disclosure statement required by either s. 8, Art. II
of the State Constitution or s. 112.3145, as applicable to
the reporting individual. The annual report filed by a pro-
curement employee shall be filed with.the Department
of State.
(7)(a) The value of a gift provided to a reporting indi-
vidual or procurement employee shall be determined
using actual cost to the donor, and, with respect to per-
scnal services provided by the donor, the reasonable
and customary charge regularly charged for such ser-
vice in the community in which the service is provided
shall be used. If additional expenses are required as a
condition precedent to eligibility of the donor to pur-
chase or provide a gift and such expenses are primarily
for the benefit of the donor or are of a charitable nature,
such expenses shall not be included in determining the
value ct the gift.
(b) Compensation provided by the donee to the
donor shall be deducted from the value of the gift in
determining the value of the gift.
(c) If the actual gift value attributable to individual
participants at an event cannot be determined, the total
costs shall be prorated among all invited personS,
whether or not they are reporting individuals or procure-
ment employees.
856
F.S. 1995 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVlSIUN~5 (;11. 11 ;'
(d) Transportation shall be valued on a round-trip
basis unless only one-way transportation is provided.
Round-trip transportation expenses shall be considered
a single gift. Transportation provided in a private con-
veyance shall be given the same value as transportation
provided in a comparable commercial conveyance.
(e) Lodging provided on consecutive days shall be
considered a single gift. Lodging in a private residence
shall be valued at the per diem rate provided in s,
112.061(6)(a)1. less the meal allowance rate provided in
s, 112.061(6)(b).
(f) Food and beverages which are not exempted
under s. 112.312(12)(b)6. and which ara provided on the
same calendar day shall be considered a single gift, and
the total value of all food and beverages provided on
that date shall be considered the value of the gift.
(g) Membership dues paid to the same organization
during any 12-month period shall be considered a single
gift.
(h) Entrance fees, admission fees, or tickets shall be
valued on the face value of the ticket or fee, or on a dally
or per event basis, whichever is greater.
(i) Except as otherwise specified in this section, a
gift shall be valued on a per occurrence basis.
(8)(a) Each reporting individual or procurement
employee shall file a statement with the Secretary of
State on the last day of each calendar quarter, for the
previous calendar quarter, containing a list of gifts which
he or she believes to be in excess of $100 in value, if any,
accepted by him or her, except the following: 1. Gifts from relatives.
2. Gifts prohibited by subsection (4) or s.
112.313(4).
3. Gifts otherwise required to be disclosed by this
section.
(b) The statement shall include:
1, A description of the gift, the monetary value of
the gift, the name and address of the person making the
gift, and the dates thereof, If any of these facts, other
than the gift description, are unknown or not applicable,
the report shall so state.
2, A copy of any receipt for such gift provided to the
reporting individual or procurement employee by the
donor.
(c) The statement may include an explanation of any
differences between the reporting individual's or pro-
curement employee's statement and the receipt pro-
vided by the donor,
(d) The reporting individual's or procurement
employee's statement shall be sworn to by such person
as being a true, accurate, and total listing of all such
gifts.
(e) If a reporting individual or procurement employee
has not received any gifts described in paragraph (a)
during a calendar quarter, he or she is not required to
file a statement under this subsection for that calendar
quarter.
(9) A person, other than a lobbyist regulated under
s. 11.045. who violates the provisions of subsection (5)
commits a noncriminal infraction, punishable by a fine of
not more than $5,000 and by a prohibition on lobbying,
or employing a lobbyist to lobby, before the agency of
the reporting individual or procurement employee to
which the gift was given in violation of subsection (5), for
a pedod of not more than 24 months. The state attorney,
or an agency, if otherwise authorized, may initiate an
action to i_mpose or recover a fine authorized under this
section or to impose or enforce a limitation on lobbying
provided in this section.
(10) A member of the Legislature may request an
advisory opinion from the general counsel of the house
of which he or she is a member as to the application of
this section to a specific situation..The general counsel
shall issue the opinion within 10 days after receiving the
request. The member of the Legislature may reasonably
rely on such opinion.
6, ch. 94-277; s. 7411, ch. ~5--147.
112.3149 SoliCitation and disclosure of honoraria.
(1) As used in this section:
(a) "Honorarium" means a payment of money or any-
thing of value, directly or indirectly, to a reporting individ*
ual or procurement employee; or to any other person on
his or her behalf, as consideration for:
1. A speech, address, oration, or other oral presen-
tation by the reporting individual or procurement
employee, regardless of whether presented in person,
recorded, or broadcast over the media.
2. A writing by the reporting individual or procure-
ment employee, other than a bock, which has been or
is intended to be published.
The term "honorarium" does not include the payment for
services related to employment held outside the report-
ing individual's or procurement employee's public posi-
tion which resulted in the person becoming a reporting
individual or procurement employee, any ordinary pay-
ment or salary received in consideration for services
related to the reporting individual's or procurement
employee's public duties, a campaign contribution
reported pursuant to chapter 106, or the payment or pre-
vision of actual and reasonable transportation, lodging,
and food and beverage expenses related to the honorar-
ium event, including any event or meeting registration
fee, for a reporting individual or procurement employee
and spouse.
(b) "Person" includes individuals, firms, associations,
joint ventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations, and all
other groups or combinations.
(c) 'Reporting individual" means any individual who
is required by law, pursuant to s. 8, Art. II of the State
Constitution or s. 112.3145, to file a full or limited public
disclosure of his or her financial interests.
(d)l. 'Lobbyist' means any natural person who, for
compensation, seeks, or sought dudng the preceding
12 months, to influence the governmental
decisionmaking of a reporting individual or procurement
employee or his or her agency or seeks, or sought during
the preceding 12 months, to encourage the passage,
defeat, or modification of any proposal or recommenda-
tion by the reporting individual or procurement
employee or his or her agency.
2. With respect to an agency that has established
by rule, ordinance, Or law a registration process for per-
sons seeking to influence decisionmaking or to encour-
857
Ch. 112 pU_RL!C OFFICERS AND EMPLOY-~-~-~; GENERAL PROVISIONS F.S. 1995
age the passage, defeat, or modification of any proposal
or recommendation by such agency or an employee or
official of the agency, the term "lobbyist" includes only
a person who is required to be registered as a lobbyist
in accordance with such rule, ordinance, or law or who
was during the preceding 12 months required to be reg-
istered as a lobbyist in accordance with such rule, ordi-
nance, or law. At a minimum, such a registration system
must require the registration of, or must designate, per-
sons as 'lobbyists" who engage in the same activities as
require registration to lobby the Legislature pursuant to
s. 11.045.
(e) "Procurement employee" means any employee of
an officer, department, board, commission, or council of
the executive branch or judicial branch of state govern-
ment who participates through decision, approval, dis-
approval, recommendation, preparation of any part of a
pumhase request, influencing the content of any specifi-
cation or procurement standard, rendering of advice,
investigation, or auditing or in any other advisory capac-
ity in the procurement of contractual services or com-
modities as defined in s. 287.012, if the cost of such ser-
vices or commodities exceeds $1,000 in any year.
(2) A reporting individual or procurement employee
is prohibited from soliciting an honorarium which is
related to the reporting individual's or procurement
employee's public office or duties,
(3) A reporting individual or procurement employee
is prohibited from knowingly accepting an honorarium
from a political committee or committee of continuous
existence, as defined in s, 106.011, from a lobbyist who
lobbies the reporting individual's or procurement
employee's agency, or from the employer, principal,
partner, or firm of such a lobbyist.
(4) A political committee or committee of continuous
existence, as defined in s. 106.011, a lobbyist who lob-
bies a reporting individual's or procurement employee's
agency, or the employer, principal, partner, or firm of
such a lobbyist is prohibited from giving an honorarium
to a reporting individual or procurement employee.
(5) A person who is prohibited by subsection (4)
from paying an honorarium to a reporting individual or
procurement employee, but who provides a reporting
individual or procurement employee, or a reporting indi-
vidual or procurement employee and his or her spouse,
with expenses related to an honorarium event, shall pro-
vide to the reporting individual or procurement
employee, no later than 60 days after the honorarium
event, a statement listing the name and address of the
person providing the expenses, a description of the
expenses provided each day, and'the total value of the
expenses provided for the honorarium event.
(6) A reporting individual or procurement employee
who receives payment or provision of expenses related
to any honorarium everit from a person who is prohibited
by subsection (4) from paying an honorarium to a report-
ing individual or procurement employee shall publicly
disclose on an annual statement the name, address, and
affiliation of the person paying or providing the
expenses; the amount of the honorarium expenses; the
date of the honorarium event; a description of the
expenses paid or provided on each day of the honorar-
ium event; and the total value of the expenses provided
to the reporting individual or procurement employee in
connection with the honorarium event. The annual state-
ment of honorarium expenses shall be filed by July I of
each year for such expenses received during the previ-
ous calendar year. The reporting individual or procure-
ment employee shall attach to the annual statement a
copy of each statement received by him or her in
accordance with subsection (5) regarding honorarium
expenses paid or provided dudng the calendar year for
which the annual statement is filed. Such attached
statement shall become a public record upon the filing
of the annual report. The annual statement of a reporting
individual shall be filed with the financial disclosure
statement required by either s. 8, Art. II of the State Con-
stitution or s. 112.3145, as applicable to the reporting
individual, The annual statement of a procurement
employee shall be filed with the Department of State.
(7) A person, other than a lobbyist regulated under
s. 11.045, who violates the provisions of subsection (4)
commits a noncriminal infraction, punishable by a fine of
not more than $5,000 and by a prohibition on lobbying,
or employing a lobbyist to lobby, before the agency of
the reporting individual or procurement employee to
whom the honorarium was paid in violation of subsection
(4), for a period of not more than 24 months. The state
attorney, or an agency, if otherwise authorized, may ini-
tiate an action to impose or recover a fine authorized
under this section or to impose or enforce a limitation on
lobbying provided in this section.
(8) A member of the Legislature may request an
advisory opinion from the general counsel of the house
of which he or she is a member as to the application of
this section to a specific situation. The general counsel
shall issue the opinion within 10 days after receiving the
request. The member of the Legislature may reasonably
rely on such opinion.
112.3151 Extensions d t~me for filing disclosure.-
The Commission on Ethics may grant, for good cause,
on an individual basis, an extension of time for filing of
any disclosure required under the provisions of this part
or s. 8(a), Art. II of the State Constitution. However, no
extension may extend the filing deadline to a date within
20 days before a primary election. The commission may
delegate to its chair the authority to grant any extension
of time which the commission itself may grant under this
section; however, no extension of time granted by the
chair may exceed 45 days. Extensions of time granted
under this section shall be exempt from the provisions
of chapter 120.
112.316 Constmcflom--lt is not the intent of this
part, nor shall it be construed, to prevent any officer or
employee of a state agency or county, city, or other polit-
ical subdivision of the state or any legislator or legislative
employee from accepting other employment or following
any pursuit which does not interfere with the full and
faithful discharge by such officer, employee, legislator,
or legislative employee of his or her duties to the state
or the county, city, or other political subdivision of the
state involved.
858
L H. Fuchs
Executive Director
STATE OF FLORIDA
DEPARTMENT OF REVENUE
TALLAHASSEE, FLORIDA 32399-0100
General Tax Administration
Child Support Enforcement
Property Tax Administration
Administrative Services
Information Services
Dear Sir or Madam:
The enclosed Consumer's Certificate of Exemption is granted to your organization in
accordance with Section 212.08(7), Florida Statutes. This certificate exempts your
organization from the payment of sales and use tax on purchases of tang'b~e personai
property. Please provide all vendors with a copy of the Consumer's Certificate of
Exemption (DR-14).
This exemption privilege is issued with the understanding that it will be used solely
for the organization's customary nonprofit activities. Purchases shall qualify for this
exemption only if payment is made by the exempt organization. Purchases which are
paid for by an officer or employee of an exempt organization are fully taxable, even
if expenses are reimbursed by the exempt organization.
If an organization sells or leases tangible personal property, is the lessor of transient
accommodations, real property, or docking spaces, such organizations must register
as a dealer pursuant to Part I, Chapter 212, Florida Statutes, and collect and remit
sales tax on such transactions to the department. Churches are exempt from this
requirement except when they are the lessor of real property as defined in Section
12A-1.70, Florida Administrative Code (F.A.C.), wherein the church shall register as
a dealer and collect and remit tax on such transactions.
THIS EXEMPTION SHOULD UNDER NO CIRCUMSTANCES BE USED TO THE
PERSONAL BENEFIT OF ANY INDIVIDUAL OF SUCH ORGANIZATION. ANY MISUSE
OF THE EXEMPTION WILL NECESSITATE ITS REVOCATION.
Any changes within the organization's purpose, Federal exempt status, or physical
and/or mailing address must be reported immediately to the department for additional
review and certificate update.
if we may be of further assistance, please contact this office at: Department of
Revenue, Central Registration, 5050 West Tennessee Street, Building F-4,
Tallahassee, Florida 32304, (904) 487-7000.
Enclosure
STATE OF FLORIDA
DEPARTMENT OF REVENUE
CONSUMER'S CERTIFICATE OF EXEMPTION
Issued Pursuant to Sales and Use Tax Law
Chapter 212, Florida Statutes
This Certificate is Non. Transferable
i069 0
04-00-2001
This is to certify that the organization indicated below is hereby exempt from the payment of Sales or Use Tax on the purchase or lease of
tangible personal property, the Pease of transient rental accommodations or real property.
Mailing Address:
CI'I~ OF
2665 SOu-£~ BAYSitORE DRI~EI #204
MI./~I, 1~ 3211'!3
SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
Location Address:
2750 N.E. 187T~
AVI~I'~'uI~A, FL~80
EXEMPT CODES AND ORGANIZATIONS ARE:
51. United States Government; 52.- State of Florida; 53.- Any County Unit or Agency; 54.- Any City
Unit or Agency; 55~, Churches or Eligible Religious Organizations; 56.- Non-Profit Charitable
Institutions; 57.- Educational Institutions Meeting Legal Requirements; 58.- Veterans' Organizations;
5g.- Scientific Organizations; 60.- Youth Organizations; 61.- Federal or State Credit Unions; 62.- Homes
For Aged; 63. - Nursing Homes; 64 - Hospices; 65.-Volunteer Fire Departments; 66.- State Theater
Program Facilities; 67.- Other - As Defined By Statutes.
If your organization sells or is the lessor of tangible personal property, charges taxable admissions, is the lessor of
transient rental accommodations or real property, your organization must register as a dealer pursuant to Part I, Chapter
212, Florida Statutes, and collect and remit Sales Tax on such transactions to this Department. Churches are exempt from
this requirement except when acting as the lessor of real property or transient rental accommodations.
This Certificate is issued to the above indicated organization with the understanding that it is to be used solely by the
organization for transactions involving a sale or lease taxable under Part I. Chapter 212, Florida Statutes, that will be used
directly in the course of its customary nonprofit activities and will not be used to the personal benefit of any individual or
officer of such organization. Misuse of this certificate will result in its revocation.
17:48 ~305 373 8933 ~ ~EI$$ SCROTA & H ~002~002
ECKERT SFAMANS & MELLOTT
April 2. 1996
VIA F. AX: 854-2323
Richard Weiss, City Attorney
City of Aventura.
c/o Weiss, Scrota:& Helfman
2665 South Bayshore Drive
Suite 204
Miami. Florida 33133
Dado County Zoning Application No. 95-$$6
Aventura Acquisitiom Corporation
Miami
l.]arriab.r,~
Pittsburgh
Philafl¢lplda
T, Jl#ltac. e~.e
Washingtnn. D.C.
Dear Mr. Weiss:.
It is my understandiug that the City of Aventura wishes to take jurisdiction of all
pending zoning applications presently filed with the Dado County Department of Planning
Development and Regulation. The above-styled zoning application has been in the
profess for many'months and is finally scheduled to go before the Dado County Zoning
Appeals Board on April 17, 1996.
I would respectfully request that if, in fact, the City of Aventura wishes to take
jurisdiction of this matter, it would give consideration to those matters presently pending
for public hearing and agree to advertise my client's matter on an expedited basis
according to the Code of Metropolitan Dade County advertisement requirements.
Thank you .for your usual courtesy and cooperation.
Cordially,
SBP:cm
cc: Robert Lechter
STANLEY B. PRICE
305~ 347-3816
ARTHUR S. BERGER, J.D.
1000 Island Blvd. #512
Aventuray FL 33160
C305) 936-1408
April 4, 19'96
Richard Jay Weiss, Esq.
2665 South Bayshore Drive
Suite 204
Miami, FL 33133
Dear Richard:
I am recommending that the following individuals be considered
for appointment to certain committees by Mayor Snyder and the
Councilmembers in charge of these committees:
Jan Brooks - Planning and Zoning
Harry Crook- Budget
Emil Hubschman - Beautification
Margo H. Platnick 150 member Citizen Crime Committee
Joseoh Platnick - Transportation.
Steven E. Brooks - Beautification
Resumes for each of these individuals are enclc, sed in the copy of
this letter to Mayor Snyder.
Sincerely,
h~rger
CC: Mayor Arthur Snyder
UNIFORM PATROL:
Uniform patrol cars are assigned to different areas of the
City to respond to emergency and non-emergency calls for
service. Four to Six Officers are on patrol 24 hours a day.
Uniform patrol cars provide visibility that deters criminal
activity and they provide a sense of security and safety for
Aventura residents and businesses.
COMMUNICATIONS:
The Communications section receives emergency and non-
emergency complaints by telephone and relays information and
dispatches call for service. Communications maintains a
database on residents and businesses to assist them in
providing fast accurate police service. Aventura residents may
also call the complaint desk for general information.
BUSINESS PATROL:
Uniform police officers dedicated to patrol the business
district during shopping hours..These officers will be in
addition to road patrol officers. The officers will ride
bicycles and be highly visible in the business district.
INVESTIGATIONS:
Detectives investigate crimes and prepare cases for
prosecution. The Detective Bureau should provide
Victim/Witness Services to assure that the needs of persons
involved in criminal cases are met. Some of these services
include counselling, restitution and transportation.
TRAFFIC UNIT:
Motorcycle officers will handle all traffic problems and motor
vehicle accidents. The motorcycles have the ability to
maneuver on congested roadways, relieve traffic jams, write
accident reports and handle traffic related complaints like
speeding and cut through traffic.
COMMUNITY PATROL:
Community Patrol officers are assigned to specific
neighborhoods, condominiums and apartments. In addition to law
enforcement activities these officers are problem solvers.
They deal with quality of life issues if left unresolved have
the potential to turn into law enforcement problems.
A supervisor from the Community Patrol Unit should be assigned
as liaison with the Aventura Joint Council and the Aventura
Marketing Council. These groups will have direct access to the
police department to resolve issues of concern.
CRIME PREVENTION UNIT:
A Crime Prevention Unit consisting of one sworn officer, one
civilian specialist and one clerical person should be created
to provide a host of crime prevention services. For
example; Neighborhood Crime Watch, Senior Bike Patrol, Mobile
Patrol, Volunteer Services, Business and Residential Security
Surveys, Crime Prevention Seminars, Property ID Services &
. Bicycle Registrations.
CO~4~3NITY SERVICE OFFICERS (CSO}:
Civilian employees who assist sworn officers by writing
misdemeanor and non criminal complaints. CSO's also can be
used to direct traffic, write accident reports and parking
citations if properly trained.
TACTICAL UNIT:
Small group of plain clothes officers who are assigned to
address specific criminal activity. When crime trends develop
that indicate a specific type crime will recur these officers
are assigned to identify and apprehend the offenders. Usually
they are assigned to the business district to deal with strong
arm robberies, purse snatches and vehicle burglary and vehicle
thefts.
MARINE PATROL:
Two officers are assigned to patrol the waterways surrounding
Aventura. In addition to providing a security perimeter, the
marine patrol can reduce noise from speeding vessels and
reduce wake violations
CRIME SCENE:
Civilian crime scene technicians respond to crimes to collect
and preserve evidence that may help investigators identify the
criminal. They also provide all photographic services for the
police department.
CODE ENFORCEMENT:
Code Enforcement Officers are empowered to write citations to
people who violate City Codes pertaining to the appearance of
their property. Properties may be cited for trash, uncut
grass, house paint, roof paint, abandoned vehicles and public
health. Code Enforcement officers should also be empowered to
handle problems related to Animal Control, barking dogs, stray
animals and unlicensed pets.