05-21-1996 CC Meeting Agenda
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL MEETING
MAY 21, 1996 - 7 P.M.
AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
2. PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
MAY 7, 1996 WORKSHOP MEETING
MAY 7, 1996 REGULAR MEETING
TAB 1
AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS
SUBSTITUTIONS/WITHDRAWALS
5. SPECIAL PRESENTATIONS: NONE
6. CONSENT AGENDA
7. PUBLIC HEARINGS: NONE
8. ORDINANCES: EMERGENCY - TO BE HEARD AT 8 P.M.
TAB 2
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING TRANSITIONAL ORDINANCE
PURSUANT TO SECTION 8.06 OF THE CITY CHARTER;
MAY 21, 1996
PROVIDING FOR ADOPTION OF THE FIRST FISCAL
YEAR BUDGET OF THE CITY OF AVENTURA PURSUANT
TO SECTION 8.05 OF THE CITY CHARTER; PROVIDING
BUDGET FOR FISCAL YEAR COMMENCING ON
NOVEMBER 7, 1995 AND ENDING ON SEPTEMBER 30,
1996; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE AND DURATION; DECLARING AN EMERGENCY.
[REQUIRES FIVE (5) AFFIRMATIVE VOTES FOR ADOPTION]
ORDINANCES: FIRST READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA PROVIDING FOR ADOPTION OF THE FIRST
FISCAL YEAR BUDGET OF THE CITY OF AVENTURA
PURSUANT TO SECTION 8.05 OF THE CITY CHARTER;
PROVIDING BUDGET FOR FISCAL YEAR COMMENCING
ON NOVEMBER 7, 1995 AND ENDING ON SEPTEMBER 30,
1996; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
[PROVIDES FOR PERMANENT ADOPTION OF BUDGET ADOPTED
ON EMERGENCY BASIS UNDER ITEM 8 ABOVE]
TAB 3
10. ORDINANCES: SECOND READING: NONE
Page 2 of 4
11.
12.
13.
RESOLUTIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO PREPARE AND SUBMIT TO THE STATE
OF FLORIDA DEPARTMENT OF REVENUE THE CITY OF
AVENTURA'S APPLICATION FOR REVENUE-SHARING
PURSUANT TO CHAPTER 218, PART II, FLORIDA
STATUTES; PROVIDING FOR EFFECTIVE DATE.
MOTION TO AUTHORIZE NEGOTIATIONS AND POSSIBLE
EXECUTION OF LEASE AGREEMENT FOR OFFICE SPACE FOR CITY
HALL FACILITIES
REPORTS AND RECOMMENDATIONS
A. MAYOR AND COUNCIL
MAYOR SNYDER
VICE MAYOR ROGERS-LIBERT
COUNCILMEMBER BERGER
COUNCILMEMBER BESKIN
COUNCILMEMBER COHEN
COUNCILMEMBER HOLZBERG
COUNCILMEMBER PERLOW
B. CITY ATTORNEY
FINANCIAL DISCLOSURE REQUIREMENTS
PROTECTION OF CITY NAME
WORK IN PROGRESS:
i) MASTER TRANSITION AGREEMENT
ii) SIGN REGULATIONS
iii) SOLID WASTE FRANCHISE ORDINANCE
MAY 21, 1996
TAB 4
TAB 5
TAB 6
Page 3 of 4
14.
COMMUNICATIONS
MAY 21, 1996
TAB 7
15. PUBLIC COMMENTS
16. GENERAL DISCUSSION~OTHER BUSINESS
17.
SCHEDULE OF FUTURE MEETINGS/EVENTS
TUESDAY, JUNE 4, 1996 7 P.M.
TUESDAY, JUNE 18, 1996 7 P.M.
18. ADJOURNMENT
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, CMC, 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 &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 and at the offices of City Hall at 2750 NE 187th Street, Aventura, Florida 33180. Anyone wishing
to obtain a copy of any agenda item should contact Teresa M. Smith, CMC, Weiss Scrota & Helfman at 854-0800.
Page 4 of 4
MINUTES
CITY COUNCIL WORKSHOP
CITY OF AVENTURA, FLORIDA
TUESDAY, MAY 7, 1996 - 6 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
The meeting was called to order by Mayor Snyder at 6:00 p.m. Present were
Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Patricia
Rogers-Libert and Mayor Arthur Snyder. Also present were City Attorneys Richard Jay Weiss
and David M. Wolpin and Acting City Clerk Teresa M. Smith.
The following items were discussed:
1) Potential RFQ for City Clerk and City Attorney;
2) Consideration of extension of City Attorney Contract;
3) Potential regulation of Class "A" signs and regulation of billboards and other
signage.
Further discussion relative to the City Attorney Contract was continued to the regular
agenda. Consideration of criteria for creation of City boards and membership qualifications was
deferred for discussion until the City Manager begins his employment with the City.
The meeting adjourned at 6:45 p.m.
Respectfully submitted:
Teresa M. Smith, CMC, Acting City Clerk
Approved by Council on the
21st day of May, 1996.
Arthur I. Snyder, Mayor
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, MAY 7, 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 Richard Jay Weiss and Acting City Clerk Teresa M. Smith. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Grossman led the pledge of allegiance.
At this time, Mayor Snyder designated the following individuals to be members of the to-
be-formed Planning and Zoning Board, as follows: Jan Brooks, Roy Cohen, A1 Epstein, Frank
Seidman, Sol Natman, Leonard Brenner and Bill Landa. A motion to approve these appointments
was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Berger. The motion
passed unanimously.
3. APPROVAL OF MINUTES: A motion was made by Vice Mayor Rogers-Libert and
seconded by Councilmember Holzberg that the minutes of the meeting of April 30, 1996 be
approved, with the following amendments: addition to the Vice Mayor's report that she
suggested publishing the City's office address and telephone number in the Aventura News;
correction of the spelling of Eileen Seidman; addition of Councilmember Holzberg to attend the
dinner meeting of the Dade County League of Cities Board of Directors meeting; addition to end
of sentence regarding Councilmember Beskin's potential conflict of interest in item 11 B "and
the name of the law firm is to appear on one or more of the requested signs." The motion
passed unanimously by voice vote and the minutes were approved, as amended.
4. AGENDA: The following items were added to the Council agenda: Councilmember
Cohen to discuss lease negotiations for the proposed City Hall under his report; and item 3 from
the Council Workshop of May 7, 1996 "Consideration of Extension Of City Attorney Contract"
under agenda item 15. There were no objections to the additions to the agenda.
5. SPECIAL PRESENTATIONS: None
6. PUBLIC HEARINGS: None
7. ORDINANCES: First Reading: None
9. ORDINANCES: SECOND READING:
Mr. Weiss read the following ordinance, by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, IMPLEMENTING THE UTILITY TAX
AUTHORIZED BY SECTION 166.231, ET. SEQ., FLORIDA
STATUTES, TO LEVY AND IMPOSE UTILITY TAX UPON
THE PURCHASE WITHIN THE CITY OF AVENTURA OF
ELECTRICITY, WATER, METERED GAS, BOTTLED GAS,
COAL, FUEL OIL AND TELECOMMUNICATIONS
SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed Council
relative to this ordinance: Daniel McGrady, 3640 Yacht Club Drive; George Feffer, 2851 NE
183rd Street; and Frank Seidman, 3600 Yacht Club Drive. Mayor Snyder closed the public
hearing. A motion was offered by Councilmember Beskin and seconded by Councilmember
Cohen to approve the ordinance on second reading. The motion passed unanimously by roll call
vote and Ordinance No. 96-03 was enacted.
10. RESOLUTIONS:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR PAYMENT
OF INTERIM EXPENSES AND APPROPRIATION OF
FUNDS FOR SUCH PAYMENT; PROVIDING FOR
EFFECTIVE DATE.
Councilmember Beskin provided Council with a Statement of Cash Flow and discussion
followed. Upon completion of discussion, a motion to adopt the resolution was made by Vice
Mayor Rogers-Libert and seconded by Councilmember Cohen. The motion passed unanimously
by voice vote and Resolution No. 96-14 was adopted. Mayor Snyder directed that no further
funds be expended without the prior approval of Mr. Soroka.
11.
ZONING ITEMS REMANDED FROM DADE COUNTY:
(Deferred until the advertised time of 9 p.m.)
It was the consensus of Council to schedule zoning hearings to be heard at 6 p.m. prior
to regularly scheduled Council meetings, which would begin at 7 p.m.
12. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL
Mayor Snyder announced that all committees previously established, with the
exception of the Beautification Committee and Planning and Zoning Committee, are no longer
necessary and that Council Committees would be appointed on June 18, 1996. The City Attorney
was directed to prepare the appropriate legislation to create the Planning and Zoning Board.
Vice Mayor Rogers-Libert discussed the requirements for committees and provided
Council with proposed general criteria, framework and structure.
Councilmember Berger advised Council of an additional training session scheduled
for May 10, 1996, 9 a.m. - 5 p.m. at the Kovens Conference Center on the campus of Florida
International University. Councilmember Berger also brought to Council's attention his concerns
and those of residents with respect to Williams Island Boulevard. Mr. Dan Eichmann,
Commodore Plaza, and Mr. George Feffer, spoke to Council relative to this issue. After
discussion by Council, a motion was offered by Councilmember Berger and seconded by
Councilmember Beskin approving a feasibility study of the dedication of Williams Island
Boulevard to the City. The motion passed unanimously. Mayor Snyder appointed
Councilmembers Perlow, Holzberg and Berger to research this issue. Lastly, Councilmember
Berger suggested that a notice be published in the Aventura News requesting suggestions and
volunteers to the Beautification Committee.
Councilmember Beskin reported to Council on the status of the proposed budget,
increased insurance coverage and expenditures.
Councilmember Cohen discussed the lease negotiations with Great Western Bank
and the need for an informational session on zoning. Mayor Snyder requested that
Councilmember Berger schedule a zoning seminar for Council.
Councilmember Holzberg discussed the start-up of the police department and
hurricane disaster preparedness.
Councilmember Perlow discussed the proposed Planning and Zoning Board. He
requested and received from Council authorization for the City Attorney to attend the first
meeting of the Committee to discuss guidelines, criteria, responsibilities and financial disclosure.
B. CITY MANAGER
C. CITY CLERK
D. CITY ATTORNEY
Mr. Weiss updated Council as to the Master Transition Agreement, utility tax
collection, sales tax distribution eligibility and franchise fees.
14. PUBLIC COMMENTS: Mr. George Berlin, 1940 NE 194th Drive, North Miami Beach,
addressed Council relative to zoning plat approval. After lengthy discussion, a motion was
offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow to request
Metropolitan Dade County to continue the platting functions for the City of Aventura until
notified otherwise by the City and that they provide Council with copies of the plat
approvals/denials for information purposes. The motion passed unanimously.
Mr. A1 Sokolov, 3530 Mystic Point Drive, addressed Council.
15. GENERAL DISCUSSIO~OTHER BUSINESS:
A motion was offered by Councilmember Cohen and seconded by Councilmember
Holzberg that a vote of confidence be extended to the law firm of Weiss Scrota & Helfman and
that the City continue their agreement for legal services with Weiss Scrota & Helfman. The
motion passed 6-1, with Councilmember Beskin voting no.
A motion was offered by Vice-Mayor Rogers-Libert and seconded by Councilmember
Cohen to defer the zoning hearing request of Jiffy Lube International to May 21, 1996 at 6 p.m.
with the cost of re-advertising to be solely the responsibility of the applicant.
17. ADJOURNMENT: There being no further business to come before Council, after motion
made, seconded and unanimously passed, the meeting adjourned.
Approved by Council on the
21st day of May, 1996
Respectfully submitted:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC
Acting City Clerk
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.
4
ORDINANCE NO. __
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING TRANSITIONAL ORDINANCE
PURSUANT TO SECTION 8.06 OF THE CITY CHARTER;
PROVIDING FOR ADOPTION OF THE FIRST FISCAL
YEAR BUDGET OF THE CITY OF AVENTURA PURSUANT
TO SECTION 8.05 OF THE CITY CHARTER; PROVIDING
BUDGET FOR FISCAL YEAR COMMENCING ON NOVEMBER
7, 1995 AND ENDING ON SEPTEMBER 30, 1996;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED
BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE AND DURATION; DECLARING AN EMERGENCY.
WHEREAS, Section 8.05 of the City Charter of the City of
Aventura (the "City") provides for the adoption of the first budget
of the City on or before June 1, 1996, for the fiscal year
commencing on November 7, 1995 and ending on September 30, 1996;
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 90 days after adoption; and
WHEREAS, the City Council finds that the enactment of this
Ordinance is necessary on an emergency basis so as to comply with
the requirements of Section 8.05 of the City Charter and to protect
the public health, safety and welfare of the residents and
inhabitants of the City by providing for necessary appropriations.
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 providing the budget for the first fiscal year of the
City, as described in the recitals set forth above, which are
hereby incorporated by reference.
Section 2. Budqet Approved and Adopted. The budget of the
City for the fiscal year beginning on November 7, 1995 and ending
September 30, 1996 (the "Budget") was considered at public hearing
and is hereby approved and adopted. A copy of the Budget of the
City is attached hereto and incorporated herein by reference.
Section 3. Expenditure of Funds Appropriated in the Budqet
Authorized. Funds appropriated in the Budget may be expended by
and with the approval of the City Manager in accordance with the
provisions of the City Charter and applicable law. Funds of the
City shall be expended in accordance with the appropriations
provided in the Budget adopted by this Ordinance and shall
constitute an appropriation of the amounts specified therein.
Supplemental appropriations or the reduction of appropriations, if
any, shall be made in accordance with Section 4.07 of the City
Charter.
Section 4. Budqetar¥ Control.
Capital Outlay Budget establishes a
The 1995/1996 Operating and
limitation on expenditures by
department total. Said limitation requires that the total sum
allocated to each department for operating and capital expenses may
2
not be increased or decreased without specific authorization by a
duly-enacted Resolution affecting such amendment or transfer.
Section 5. Personnel Authorization. The "Personnel
Allocation Summary" included within each department budget
enumerates all authorized budgeted positions for appointment by the
City Manager.
Section 6. Grants and Gifts. When the City of Aventura
receives monies from any source, be it private or governmental, by
Grant, Gift, or otherwise, to which there is attached as a
condition of acceptance any limitation regarding the use or
expenditures of the monies received, the funds so received need not
be shown in the Operating Budget nor shall said budget be subject
to amendment of expenditures as a result of the receipt of said
monies, but said monies shall only be disbursed and applied toward
the purposes for which the said funds were received. To ensure the
integrity of the Operating Budget, and the integrity of the monies
received by the City under Grants or Gifts, all monies received as
contemplated above must, upon receipt, be segregated and accounted
for based upon generally accepted accounting principles and where
appropriate, placed into separate and individual trust and/or
escrow accounts from which any money drawn may only be disbursed
and applied within the limitations placed upon the Gift or Grant as
aforesaid.
Section 7. Amendments.
1995/1996 fiscal year Budget
Upon the passage and adoption of the
for the City of Aventura, if the City
Manager determines that an Operating Department Total or a Capital
3
Outlay Line Item will exceed its original appropriation, the City
Manager is hereby authorized and directed to prepare such
Resolutions as may be necessary and proper to modify any line item
from the Budget hereby.
Section 8. Encumbrances. All outstanding encumbrances at
September 30, 1996 shall lapse at that time; and all lapsed capital
outlay encumbrances shall be reappropriated in the 1996/1997 fiscal
year.
Section 9. Checks Issued. Checks issued from or withdrawals
made from accounts maintained by the City in public depositories
shall be signed by the City Manager and Director of Finance Support
Services, provided that in the event the Director of Finance
Support Services is not available, the City Clerk may sign in
his/her place.
Section 10. Post Audit Provided. Pursuant to Section 4.11 of
the City Charter and Section 218.23(1)(b), F.S., the City Council
hereby provides for annual post audits of the City's financial
accounts. The City Manager is authorized to take all steps
necessary to cause such post audit to be made by a certified public
accountant or firm of such accountants in accordance with law.
Section 11. ~everabilit__y. 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
4
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 12. Effective Date.
effective as an emergency ordinance
This Ordinance shall be
immediately upon adoption at
its
and shall thereafter be effective for
ninety days after adoption, subject
continuation as provided by law.
The foregoing Ordinance was
first and only reading, by at least five (5) affirmative votes,
a period of no longer than
to re-adoption, renewal or
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:
Requested by Administration
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 21st day of May, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
ORDINANCE NO. __
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING FOR ADOPTION OF THE FIRST FISCAL
YEAR BUDGET OF THE CITY OF AVENTURA PURSUANT
TO SECTION 8.05 OF THE CITY CHARTER; PROVIDING
BUDGET FOR FISCAL YEAR COMMENCING ON NOVEMBER
7, 1995 AND ENDING ON SEPTEMBER 30, 1996;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED
BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. Budqet Approved and Adopted. The budget of the
City for the fiscal year beginning on November 7, 1995 and ending
September 30, 1996 (the "Budget") was considered at public hearing
and is hereby approved and adopted. A copy of the Budget of the
City is attached hereto and incorporated herein by reference.
Section 2. Expenditure of Funds Appropriated in the Budqet
Authorized. Funds appropriated in the Budget may be expended by
and with the approval of the City Manager in accordance with the
provisions of the City Charter and applicable law. Funds of the
City shall be expended in accordance with the appropriations
provided in the Budget adopted by this Ordinance and shall
constitute an appropriation of the amounts specified therein.
Supplemental appropriations or the reduction of appropriations, if
any, shall be made in accordance with Section 4.07 of the City
Charter.
Section 3. Budqetar¥ Control. The 1995/1996 Operating and
Capital Outlay Budget establishes a limitation on expenditures by
department total. Said limitation requires that the total sum
allocated to each department for operating and capital expenses may
not be increased or decreased without specific authorization by a
duly-enacted Resolution affecting such amendment or transfer.
Section 4. Personnel Authorization. The "Personnel
Allocation Summary" included within each department budget
enumerates all authorized budgeted positions for appointment by the
City Manager.
Section 5. Grants and Gifts. When the City of Aventura
receives monies from any source, be it private or governmental, by
Grant, Gift, or otherwise, to which there is attached as a
condition of acceptance any limitation regarding the use or
expenditures of the monies received, the funds so received need not
be shown in the Operating Budget nor shall said budget be subject
to amendment of expenditures as a result of the receipt of said
monies, but said monies shall only be disbursed and applied toward
the purposes for which the said funds were received. To ensure the
integrity of the Operating Budget, and the integrity of the monies
received by the City under Grants or Gifts, all monies received as
contemplated above must, upon receipt, be segregated and accounted
for based upon generally accepted accounting principles and where
2
appropriate, placed into separate and individual trust and/or
escrow accounts from which any money drawn may only be disbursed
and applied within the limitations placed upon the Gift or Grant as
aforesaid.
Section 6. Amendments. Upon the passage and adoption of the
1995/1996 fiscal year Budget for the City of Aventura, if the City
Manager determines that an Operating Department Total or a Capital
Outlay Line Item will exceed its original appropriation, the City
Manager is hereby authorized and directed to prepare such
Resolutions as may be necessary and proper to modify any line item
from the Budget hereby.
Section 7. Encumbrances. All outstanding encumbrances at
September 30, 1996 shall lapse at that time; and all lapsed capital
outlay encumbrances shall be reappropriated in the 1996/1997 fiscal
year.
Section 8. Checks Issued. Checks issued from or withdrawals
made from accounts maintained by the City in public depositories
shall be signed by the City Manager and Director of Finance Support
Services, provided that in the event the Director of Finance
Support Services is not available, the City Clerk may sign in
his/her place.
Section 9. Post Audit Provided. Pursuant to Section 4.11 of
the City Charter and Section 218.23(1)(b), F.S., the City Council
hereby provides for annual post audits of the City's financial
accounts. The City Manager is authorized to take all steps
necessary to cause such post audit to be made by a certified public
3
accountant or firm of such accountants in accordance with law.
Section 10. Severabili_~. 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 11. Effective Date. This ordinance shall be
effective immediately upon adoption on second reading and shall
serve to renew and continue the Budget adopted by Ordinance No.
96-04.
The
foregoing Ordinance was offered by Councilmember
, who moved its adoption on first reading. 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
The foregoing Ordinance was offered by Councilmember
, who moved its adoption on second reading. The
motion was seconded by Councilmember , and upon being put
4
to a vote, the vote was as follows:
Requested by Administration
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 on first reading this day of May, 1996.
PASSED AND ADOPTED on second reading this
day of June,
1996.
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO PREPARE AND SUBMIT TO THE STATE OF
FLORIDA DEPARTMENT OF REVENUE THE CITY OF
AVENTURA'S APPLICATION FOR REVENUE-SHARING
PURSUANT TO CHAPTER 218, PART II, FLORIDA
STATUTES; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, to be eligible to receive state revenue-sharing
funds, it is necessary for the City of Aventura to submit an
application for revenue-sharing to the State Department of Revenue,
in accordance with Chapter 218, Part II, Florida Statutes; and
WHEREAS, it is appropriate to authorize the City Manager to
prepare and submit such revenue-sharing apPlication.
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 City Manager of the City of Aventura is
hereby authorized to prepare and submit to the State Department of
Revenue the City of Aventura's application for revenue-sharing, and
to take all steps necessary, with the assistance of the City
Attorney, to demonstrate the City of Aventura's eligibility for the
receipt of such revenue-sharing funds.
Section 2. That this Resolution
immediately upon its adoption.
The foregoing Resolution was
, who moved its adoption.
shall become effective
offered by Councilmember
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 21st day of May, 1996.
ARTHUR I, SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC, ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
STATE OF FLORIDA
DEPARTMENT OF REVENUE
TALLAHASSEE, FLORIDA 32399-0100
General Tax Administration
Child Support Enforcement
Property Tax Administration
L. H. Fuchs Administrative Services
Executive Director information Services
May 7, 1996
Mr. David Wolpin
2665 S. Bayshore Drive
Suite 204
Miami, FL 33133
RE: The New City of Aventura
Dear Mr. Wolpin:
Enclosed for your information and assistance is a copy of the Local Government
Financial Information Handbook (LGFI Handbook) and an application package for State Revenue
Sharing for fiscal year 1996-97.
Information of special interest on revenue sharing programs in the LGFI Handbook are:
Half-Cent Sales Tax (p.23), Municipal Revenue Sharing (p.49), Municipal Financial Assistance
(p.79), and Local Option Gas Tax (p. 124). The eligibility requirements for participating in
these programs are spelled out on page 52.
Specific information the Department of Revenue requires in order to calculate the City
of Aventura's entitlement are:
Official population figures from the University of Florida, Bureau
of Economic and Business Research, as of April 1, 1995. The
coordinator for this program is Mr. Scott Cody (phone # (904)
392-0171).
Real property taxable value and personal tangible taxable value for
the City as of January 1, 1996, certified by the county property
appraiser and the expected millage to be levied. Please note that
the 3 mill levy needed to qualify for revenue sharing doesn't have
to be solely an ad valorem levy. The City can satisfy the 3 mill
requirement by receiving a remittance from the county pursuant to
s. 125.01(6)(a), F.S., or collecting an occupational license or
utility tax, or receiving revenue from any combination of these
sources.
In addition, please forward a copy of the ordinance creating the City of Aventura and a
certified letter from the Supervisor of Elections verifying the referendum results.
If we can be of further assistance, please do not hesitate to contact this office at (904)
487-1150.
Sincerely,
D.H. Ansley
Revenue Accounting Section
DHA/bll
Attachments
cc: Mike Gomez
,a~,.m~'~x~'~,. STATE OF FLORIDA
DEPARTMENT OF REVENUE
/ General Tax Administration
TALLAHASSEE,
FLORIDA
32399-0100
'~' Child Support Enforcement
L. H. Fuchs Property Tax Administration
Executive Director Administrative Services
May lS, 1996
To All Units of Local Government
As Addressed:
Subject:
State Revenue Sharing Application
For Fiscal Year 1996-97
Ladies and Gentlemen:
Enclosed is the state Revenue Sharing application for the fiscal year 1996-97. Each unit
of local government is required to file an application in order to be considered for any funds to
be distributed under the Revenue Sharing Act. The application form must be completed and
returned to the Department of Revenue NO LATER THAN JUNE 30, 1996. Section 218.26(4),
Florida Statutes, states:
"It shall be the duty of each agency and unit of local government required to submit
certified information to the department pursuant to the administration of this act to file
timely information. Any unit of local government failing to provide timely information
required pursuant to the administration of this part shall, by such action, authorize the
department to utilize the best infOrmation available or, if no such information is
available, to take any necessary action, including disqualification, either partial or entire,
and shall further, by such action, waive any right to challenge the determination of the
department as to its share, if any, pursuant to the privilege of receiving shared revenues
under this part."
Also enclosed is an information bulletin on the state Revenue Sharing program.
Estimated allocations for each unit of local government will be forthcoming.
Your cooperation in this matter will be greatly appreciated and will expedite timely
distribution of state revenue sharing funds.
Sincerely,
D.H. Ansley
Revenue Accounting Section
DHA/bll
Enclosures
/&~x STATE OF FLORIDA
DEPARTMENT OF REVENUE
~~i TALLAHASSEE, FLORIDA 32399-0100
~,~j~ General Tax Administration
Child Support Enforcement
Property Tax Administration
L, H, Fuchs Administrative Services
Executive Director Information Services
APPLICATION FOR REVENUE SHARING 1996-97
(CHAPTER 218, PART H FLORIDA STATUTES)
Please TYPE or PRINT all entries except those requiring a signature.
PART ONE
Name of County
OR
Name of Municipality. County.
Telephone Number
(Area Code) (Number)
Mayor or Chairman of Governing Body
Chief Fiscal Officer
Official Mailing Address
Check here if the address represents a change
Federal Employer I.D. Number
(required for new participants only)
PART TWO
To be eligible to participate in Revenue Sharing beyond the minimum entitlement for any fiscal
year, a unit of local governmem is required to have:
Reported its finances for its most recently completed fiscal year to the
Department of Banking and Finance, pursuant to s. 218.32, F.S..
Made provisions for annual postaudits of its financial accounts in
accordance with provisions of law.
Levied, as shown on its most recent financial report, pursuant to s. 218.32,
F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special
millages authorized by the voters, to produce the revenue equivalent to a millage
rate of three (3) mills on the dollar based on the 1973 taxable values as certified
by the property appraiser, pursuant to s. 193.122(2), F.S., or, in order to
produce revenue equivalent to that which would otherwise be produced by such
a three (3) mill ad valorem tax, to have received a remittance from the county
pursuant to s. 125.01(6)(a), F.S., collected an occupational license tax or a utility
tax, levied an ad valorem tax, or received revenue from any combination of these
four sources.
Certified compliance with s. 200.065, F.S..
Certified that persons in its employ as law enforcement officers, as defined in s.
943.10(1), F.S., meet the qualifications for employment as established by the
Criminal Justice Standards and Training Commission; that its salary plans meet
the provisions of Chapter 943, F.S., and that no law enforcement officer is
compensated for his or her services at an annual salary rate of less than six
thousand dollars ($6,000).
(A)
Law enforcement officers, as defined in s. 943.10(1), F.S., employed by
this Unit meet the qualifications for employment as established by the
Criminal Justice Standards and Training Commission.
Yes [~ No ~-~
(B)
The salary structure and salary plans for law enforcement officers meet
the provisions of Chapter 943, F.S..
Yes[--] No ~'~
(C) All law enforcement officers, as defined in s. 943.10(1), F.S., are
compensated at an annual salary rate of six thousand dollars
($6,000) or more.
Yes ~'] No [~
If the answer to (C) above is (NO), please state as an addendum
to this application any reason you may have for waiver of such
requirement (one of which must be that you are levying ten (10)
mills of ad valorem taxes).
SIGNED: DATE:
Appropriate Law Enforcement Officer
~'] 6. If you have no police department, etc., please check the block to the left
side.
Certified that persons in its employ as firefighters, as defined in s.
633.30(1), F.S., meet the qualification for employment as established by the
Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and
633.35, F.S., and that the provisions of s. 633.382, F.S. are met.
(A)
Does the addressed unit of government employ any full-time
firefighters which currently possess either a bachelor's degree or
associate degree from a college or university which is applicable to fire
department duties, provided that degree is not required for their current
position?
Yes [~ No[--]
(B) If so, are these firefighters currently receiving supplemental
compensation for those degrees?
Yes ~-] No ~ Does Not Apply
SIGNED:
Appropriate Fire Official
DATE:
If you have no fire department or if you have a strictly volunteer fire department,
etc., please check the box to the left side.
Certified that each dependent special district that is budgeted separately
from the general budget of the local governing authority has met the
provisions for annual postaudit of its financial accounts in accordance with
the provisions of law.
Yes ~'~ No ~ Not applicable [~
10.
Additionally, to receive its share of revenue sharing funds, a unit of local
government shall certify to the Department of Revenue that the requirements of
s. 200.065, F.S., if applicable, were met. The certification shall be made
annually within 30 days of adoption of an ordinance or resolution establishing a
final property tax levy or, if no property tax is levied, not later than November
1. The portion of revenue sharing funds which, pursuant to this part, would
otherwise be distributed to a unit of local government which has not certified
compliance or has otherwise failed to meet the requirements of s. 200.065, F.S.,
shall be deposited in the General Revenue Fund for the 12 months following a
determination of noncompliance by the department.
PART THREE
I hereby certify that all of the foregoing information is accurate and true to the best of my
knowledge. I further certify that I will promptly report to the Department of Revenue any
changes in the above information. I also realize that failure to provide timely information
required, pursuant to the administration of this Act shall, by such action, authorize the
Department to utilize the best information available or, if no such information is available, to
take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and
shall further, by such action, waive any right to challenge the determination of the Department
to its share, if any, pursuant to the privilege of receiving shared revenues from the Revenue
Sharing Trust Funds.
Do you believe that you have complied with ALL eligibility requirements as set forth above?
Yes ~ No ~-]
If the answer to the above question is (NO), please provide as an attachment to this form the
amount of revenue necessary to meet your obligations as a result of pledges or assignments or
trusts entered into which obligated funds received from revenue sharing.
SIGNED:
(Chief Fiscal Officer)
SIGNED:
(Mayor or Chairman of Governing Body)
DATE: DATE:
MAIL COMPLETED ORIGINAL APPLICATION TO ADDRESS SHOWN BELOW
Department of Revenue
Revenue Accounting Section
P.O. Box 10669
Tallahassee, Florida 32302
STATE REVENUE SHARING INFORMATION BULLETIN
CHAPTER 218, PART II, FLORIDA STATUTES
Pursuant to s. 218.23(1), F.S.. To be eligible to
partiipate in revenue sharing beyond the minimum entitlement,
a unit of local government (Note: Counties, municipalities,
and metropolitan and consolidated governments) must have:
Reported its finances for its most recently completed
fiscal year to the Department of Banking and Finance
pursuant to s. 218.32, F.S..
Note:
Occupational license tax and utility service
tax data will be obtained from the most current
fiscal year reports as certified by the
Department of Banking and Finance.
bo
Made provisions for annual post audits of its financial
accounts in accordance with provisions of law.
Levied, as shown on its most recent financial report
pursuant to s. 218.32, F.S., ad valorem taxes, exclusive
of taxes levied for debt service or other special
millages authorized by the voters, to produce the revenue
equivalent to millage rate of three mills on the dollar
based on the 1973 taxable values as certified by the
property appraiser pursuant to s. 193.122(2), F.S., or in
order to produce revenue equivalent to that which would
otherwise be produced by such a three mill ad valorem
tax, to have received a remittance from the county
pursuant to s. 125.01(6) (a), F.S., collected an
occupational license tax or a utility tax, levied an ad
valorem tax, or received revenue from any combination of
these four sources. If a new municipality is
incorporated, the provisions of this paragraph shall
apply to the taxable values for the year of incorporation
as certified by the property appraiser. This paragraph
requires only a minimum amount of revenue to be raised
from the ad valorem tax, the occupational license tax,
and the utility tax. It does not require a minimum
millage rate.
do
Certified that persons in its employ as law enforcement
officers, as defined in s. 943.10(1), F.S., meet the
qualifications for employment as established by the
Criminal Justice Standards and Training Commission; that
its salary structure and salary plans meet the provisions
of chapter 943; and that no law enforcement officer is
compensated for his or her services at an annual salary
rate of less than $6,000.00. However, the department may
waive the minimum law enforcement officer salary
requirement if a city or county certifies that it is
levying ad valorem taxes at 10 mills.
II.
Certified that persons in its employ as firefighters, as
defined in s. 633.30(1), F.S., meet the qualification for
employment as established by the Division of State Fire
Marshal pursuant to the provisions of ss. 633.34 and
633.35, F.S., and that the provisions of s. 633.382,
F.S., have been met.
Certified that each dependent special district that is
budgeted separately from the general budget of the local
governing authority has met the provisions for annual
postaudit of its financial accounts in accordance with
the provisions of law.
Additionally, to receive its share of revenue sharing funds,
a unit of local government shall certify to the Department of
Revenue that the requirements of s. 200.065, F.S., if
applicable, were met. The certification shall be made
annually within 30 days of adoption of an ordinance or
resolution establishing a final property tax levy or, if a
property tax is levied, not later than November 1. The
portion of revenue sharing funds which, pursuant to this part,
would otherwise be distributed to a unit of local government
which has not certified compliance or has otherwise failed to
meet the requirements of s. 200.065, F.S., shall be deposited
in the General Revenue Fund for the 12 months following a
determination of noncompliance by the department.
If the Department determines that a unit of local government
does NOT meet all of the eligibility requirements, the unit
will only receive its minimum entitlement.
Pursuant to s. 218.21(7), F.S.. "Minimum entitlement" means
the amount of revenue, as certified by a unit of local
government and determined by the department, which must be
shared with a unit of local government so that such unit will
receive the amount of revenue necessary to meet its
obligations as a result of pledges or assignments or trusts
entered into which obligated funds received from revenue
sources or proceeds which by terms of the act shall henceforth
be distributed out of revenue sharing trust funds.
III. The distribution to a unit of
part is determined by the
Pursuant to s. 218.23(2), F.S..
local government under this
following formula:
ao
First, the entitlement of an eligible unit of local
government shall be computed on the basis of the
apportionment factor provided in s. 218.245 F.S., which
shall be applied for all eligible units of local
government to all receipts available for distribution in
the respective revenue sharing trust fund.
Second, revenue shared with ELIGIBLE units of local
government shall be adjusted so that no ELIGIBLE unit
shall receive less funds than its guaranteed entitlement.
NOTE: Pursuant to s. 218.21(6), F.S., "Guaranteed
Entitlement" means the amount of revenue which must be
shared with an ELIGIBLE unit of local government so that:
No ELIGIBLE county shall receive less
funds from the Revenue Sharing Trust Fund
for Counties in any fiscal year than the
amount received in the aggregate from the
state in fiscal year 1971-72 under the
provisions of the then existing
s. 210.20(2) (c) F.S., tax on cigarettes;
s. 323.16(4) F.S., road tax; and
s. 199.292(4) F.S., tax on intangible
personal property.
B o
No ELIGIBLE municipality shall receive
less funds from the Revenue Sharing Trust
Fund for Municipalities in any fiscal year
than the aggregate amount it received from
the state in fiscal year 1971-1972 under
the provisions of the then existing
s. 210.20(2) (a) F.S., tax on cigarettes;
s. 323.16(3) F.S., road tax; and
s. 206.605 F.S., tax on motor fuel.
Effective in the 1994-1995 fiscal year and
thereafter, any government
exercising municipal powers under s. 6(f)
F.S., Art. VIII of the State Constitution
may not receive less than the aggregate
amount it received from the Revenue
Sharing Trust Fund for Municipalities in
the preceding fiscal year, plus a
percentage increase in such amount equal
to the percentage increase of the Revenue
Sharing Trust Fund for Municipalities for
the preceding fiscal year.
C o
do
e o
Third, revenues shared with counties for any fiscal year
shall be adjusted so that no county receives less funds
than its guaranteed entitlement plus the second
guaranteed entitlement for counties.
NOTE:
Pursuant to s. 218.21(10), F.S..
"Second guaranteed entitlement
for counties" means the amount of
revenue received in the aggregate by the
ELIGIBLE county in fiscal year 1981-82
under the provisions of the then existing
s. 210.20(2) (a) F.S., tax on cigarettes,
and s. 199.292(4) F.S., tax on intangible
personal property, less the guaranteed
entitlement...
Fourth, revenue shared with units of local government
shall be adjusted so that no unit shall receive less than
its minimum entitlement, s. 218.23(2) (d), F.S..
Fifth, after the adjustments provided in paragraphs (2),
(3), and (4) and after deducting the amount committed to
all the units of local government, the funds remaining in
the respective trust funds shall be distributed to those
eligible units of local government which qualify to
receive additional moneys beyond the guaranteed
entitlement, on the basis of the additional money of each
qualified unit of local government in proportion to the
total additional money of all qualified units of local
government.
IV. APPORTIONMENT FACTORS
Pursuant to s. 218.245(1), F.S.. The
apportionment factor for all ELIGIBLE counties shall be
composed of three equally weighted portions as follows:
ao
Each ELIGIBLE county's percentage of the total
population of ALL ELIGIBLE counties in the state.
B o
Each ELIGIBLE county's percentage of the total
population of the state residing in unincorporated
areas of ALL ELIGIBLE counties.
Each ELIGIBLE county's percentage of total sales tax
collections in ALL ELIGIBLE counties during
the preceding year.
Vo
Pursuant to s. 218.245(2), F.S.. The
apportionment factor for all ELIGIBLE municipalities
shall be composed of three equally weighted portions as
follows:
Each ELIGIBLE municipality's percentage of the total
weighted population of ALL ELIGIBLE municipalities.
Each ELIGIBLE municipality s percentage of the total
sales tax allocations of ALL ELIGIBLE
municipalities.
Co
Each ELIGIBLE municipality's percentage of the total
recalculated population of ALL ELIGIBLE
municipalities.
NOTE:
The weighted population, sales tax
allocation, and recalculated population of
any metropolitan or consolidated
government shall be adjusted by an ad
valorem reduction factor.
Wire transfers and Automated Clearing House (ACH) transfers on
monthly distributions are available upon written request. In
accordance with ss. 17.075 and 17.076, F.S., a resolution
adopted by the governing body of the local government shall be
filed with the Department of Banking and Finance with a copy
to the Department of Revenue.
The resolution shall authorize the Department of Revenue to
designate a bank to receive and transfer the local
government's monthly distribution to ACH or wire transfer to
the bank designated by the local government to receive the
transfer. The resolution shall also authorize the bank
initiating the transfer to deduct the cost of said transfer.
Electronic Payment is also available through the State
Comptroller's Office. An Electronic Payment Authorization
form must be completed and sent to the State Comptroller's
Office to initiate this process. Any questions pertaining to
electronic payment should be addressed to the State
Comptroller's EFT Section, Room 2001 Capitol, Telephone (904)
488-2922 or Suncom 278-2922.
VI. REVENUE SHARING DATA:
1. Population:
The population figures used in the revenue sharing
formula were developed by the Office of the Governor and
certified to the Department of Revenue. Any questions
pertaining to the accuracy of the population figures
should be addressed to the Office of The Governor, (904)
487-2814.
VII.
2. Ad Valorem Tax Data:
The assessed value and millage rates from the most recent
tax roll were certified by the Division of Ad Valorem
Tax, Department of Revenue. Any questions pertaining to
the accuracy of the assessed value or the millage rates
used should be addressed to the Division of Ad Valorem
Tax, (904) 488-3338.
3. Sales Tax Collections:
The county sales tax collections for the most recent
calendar year are used in these calculations. Any
questions pertaining to the accuracy of these figures
should be addressed to Tax Research, Department of
Revenue, (904) 488-5630.
4. Financial Data:
The Department of Banking and Finance has certified
occupational license tax and utility service tax data to
the Department of Revenue. Any questions pertaining to
financial data should be addressed to the Department of
Banking and Finance, (904) 488-2922.
The Department of Revenue is eager to cooperate in every way
to insure the accuracy of state revenue sharing distributions.
If you need additional information or if questions arise,
please contact David Ansley at (904) 488-7177 or Suncom 278-
7177.
I. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN d. HELFMAN
GILBERTO PASTORIZA
BARBARA J. RIESBERG
ELLEN N. SAUl~
GAll D. SEROTA~
JOSEPH H. BEROTA
WEISS SEROT.t ~ HELF1K.tN, P.A.
ATTORNEYS AT LAW
~665 SOUTH BAYSHORE DRIVE
SUITE ~04
MIAMI, FLORIDA 33133
TELEPHONE (305) B54-0800
TELECOPIER (305) 854-2323
May 16, 1996
BROWARD OFF[CE
888 EAST LAS OLA$ BOULEVARD
SUITE
FORT LAUDERDALE, FLORIDA 33301
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Financial Disclosure Requirements
Dear Mayor and Councilmembers:
The purpose of this letter is to provide guidance to the City
Councilmembers and public officials of the City to assure
compliance with the provisions of law pertaining to the annual
financial disclosure required to be made by certain public
officials pursuant to state and county law.
I. Source of Financial Disclosure Requirements. The source of
financial disclosure requirements are provided both by state law,
including Section 112.3145, Fla. Stat., and by the Metropolitan
Dade County Conflict of Interest and Code of Ethics Ordinance (the
"County Ethics Code").
II. Public Disclosure of Financial Interests.
A. State Law. Pursuant to Section 112.3145, Fla. Stat., all
"local officers" are required to file financial disclosure, on an
annual basis, no later than July 1 of each year. Section
112.3145(1)(a) defines "local officer" as follows:
1. Every person who is elected to office in
any political subdivision of the state, and
every person who is appointed to fill a
vacancy for an unexpired term in such an
elective office.~
This includes City Councilmembers.
Honorable Mayor and Councilmembers
May 16, 1996
Page 2
2. Any appointed member of a board;
commission; authority, . or council of any
political subdivision of the state, excluding
any member of an advisory body. A
governmental body with land planning, zoning,
or natural resources responsibilities shall
not be considered an advisory body.2
3. Any person holding one or more of the
following positions: mayor; county or city
manager; chief administrative employee of a
county, municipality, or other political
subdivision; county or municipal attorney;
chief county or municipal building inspector;
county or municipal water resources
coordinator; county or municipal pollution
control director; county or municipal
environmental control director; county or
municipal administrator, with power to grant
or deny a land development permit; chief of
police; fire chief; municipal clerk;, or
purchasing agent having the authority to make
any purchase exceeding $1,000 for any
political subdivision of the state or any
entity there0f.(emphasis added)
B. County Ethics Code. The County Ethics Code provides
additional financial disclosure requirements which reach beyond the
category of "local officers" covered by Section 112.3145, Fla. Stat.
The pertinent provision of the County Ethics Code is provided by
Section 2-11.1(i) which provides, in pertinent part, as follows:
(i) Financial disclosure
(1)
Ail persons and firms included within subsections
(a) and (b)(2), (3) and (4) [county and municipal
officials and personnel] of this section shall
file, no later than 12:00 noon of July 1st of each
year including the July 1st following the last year
2/ It should be noted that Section 112.312(1), Fla. Stat.,
also provides that to be qualified for the advisory body exemption
from the financial disclosure requirement, the advisory body's
total budget, appropriations, or authorized expenditures must
constitute less than one percent of the City budget or $100,000.00,
whichever is less. Additionally, such advisory body must possess
authority which is solely advisory and does not include the final
determination or adjudication of any personal or property rights,
other than those relating to its own internal operations.
WEISS SEROTA ~ HELF~4AN, P.A.
Honorable Mayor and Councilmembers
May 16, 1996
Page 3
that person is in office or held such employment,
one (1) of the following:
A copy of that person's or firm's current
federal income tax return; or
A current certified financial statement
on a form of the type approved for use by
State or national banks in Florida
listing all assets and liabilities having
a value in excess of one thousand dollars
($1,000.00) and a short description of
each; or
c. An itemized source of income statement,
under oath and on a form approved by the
County for said purpose.
Compliance with the financial disclosure
provisions of Chapter 112 (Part III), [Section
112.3145] Florida Statues, as amended, or with
the provisions of Article II, Section 8 of the
Florida Constitution, as amended by the voters
on November 2, 1976, and any general laws
promulgated thereunder, shall constitute
compliance with this section. (emphasis added)
Subsection (i) of section 2-11.1 of the County Ethics Code
requires financial disclosure by persons covered by Section
112.3145, Fla. Stat. and additionally requires disclosure by certain
additional persons including advisory board members, assistant city
attorneys, assistant city managers, department heads and assistant
department heads, police captain and major, building and zoning
inspectors. Applicability to municipal personnel is accomplished
by Section 2-11.1(a) which provides for the applicability of the
County Ethics Code to municipal officials and employees and by
Section 2-11.1(i)(2), which, after describing the county personnel
to which subsection (i) applies, states:
References herein to specified County
personnel and Boards shall be applicable to
municipal personnel and Boards that serve in
comparable capacities to the County personnel
and Boards referred to.
III. Compliance with Financial Disclosure Requirements.
A. State Law. Compliance with annual financial disclosure
requirements of state law is achieved by the "local officer"
completing and filing by July 1st of each year the Form 1 Statement
WEISS S EROTi
Honorable Mayor and Councilmembers
May 16, 1996
Page 4
of Financial Interests.3 A copy of Form 1 is attached hereto as
Exhibit "A". Pursuant to Section 112.3145(2)(c), Fla. Stat., this
form is to be filed with the Supervisor of Elections of the county
in which the "local officer" permanently resides.
Form 1 consists of parts A
financial information concerning
may be summarized as follows:
- F. Each of these parts seek
the local officer. These parts
Part A - requires identification of the primary sources of
income (those sources which exceed 5% of gross income);
Part B - requires identification of sources of income received
by businesses owned by the "local officer" (this requires
identification of major customers and clients of the businesses
owned by the local officer);
Part C - real property (this requires identification of lands
and buildings owned by the reporting individual);
Part D - intangible personal property. This requires an
identification of the type of intangibles (stocks, bonds,
certificates of deposit, etc.) owned by the reporting individual,
along with identification of the business entity to which the
specific intangible personal property relates. (For example, the
type of intangible would be described as stock, while the business
entity to which the property relates may be General Motors
Corporation.);
Part E - this part requires identification of liabilities of
the reporting individual which are in excess of net worth. (This
requires disclosure of major debts to the extent that a specific
debt exceeds net worth;
Part F - this part requires disclosure of the reporting
individual's interest, whether by ownership or position in certain
types of businesses including only state and federal chartered
banks; state and federal savings and loan associations; cemetery
companies; insurance companies (including insurance agencies);
mortgage companies; credit unions; small loan companies; alcoholic
beverage licensees; parimutuel wagering companies; utility
companies; entities controlled by the Public Service Commission;
and entities granted a franchise to operate by either a city or
county government;
3/ The term "local officer" is identified as the "Reporting
Individual" in Form 1.
WEISS SEEOTA ~ HELFM/N, P.A.
Honorable Mayor and Councilmembers
May 16, 1996
Page 5
Form 1 includes specific instructions as to the completion of
each of the slx parts. Those instructions provide helpful
clarifications and describe exceptions. The response "Not
Applicable" should be used where appropriate for parts which are
not applicable. (For example, if a Reporting Individual does not
have a specific debt which is in excess of net worth.) We are
available to assist with any questions arising from the completion
of this Form 1.
B. County Ethics Code. The County Ethics Code specifically
recognizes that compliance with the financial disclosure provisions
of Section 112.3145, Fla. Stat., constitutes compliance with
Section 2-11.1(i) of the County Ethics Code.
Those municipal officials and personnel subject to Section 2-
ll.l(i) who are not required to file Form 1 in accordance with
state law must file financial disclosure in accordance with the
County Ethics Code by July 1 of each year.4 This requirement may
be satisfied by filing one of the following with the city clerk:
a) a copy of the person's federal income tax return; or b) a
current certified financial statement; or c) an itemized Source of
Income Statement on a form approved by Dade County for said
purpose. A copy of such County form is attached hereto as Exhibit
IV. Penalties for Non-Compliance.
A. ~tate Law. Pursuant to Section 112.317, Fla. Stat., a
failure to make the required financial disclosure constitutes
grounds for and may be punished by one or more of the following:
disqualification from being on an election ballot; impeachment;
removal or suspension from office or employment; demotion;
reduction in salary; reprimand; or a civil penalty not exceeding
$10,000.
B. Penalties under County Ethics Code. Under the County
Ethics Code, Section 2-11.1(t), the potential punishment for a
violation of the County Ethics Code provisions pertaining to
financial disclosure 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.
4/ For example, an assistant department head of a municipal
personnel department would be subject to the County Ethics Code
financial disclosure, not state law financial disclosure
requirements.
WEISS SEROTA ~C HELFMAN, })._Ax.
Honorable Mayor and Councilmembers
May 16, 1996
Page 6
V. New Officers and Employees. Pursuant to Section 112.3145(7),
the appointing official or body is required to notify each newly-
appointed "local officer," not later than the date of appointment,
of the officer's or employee's duty to comply with the disclosure
requirements of Section 112.3145, Fla. Stat. Further, pursuant to
Section 112.3145(2)(b), each newly-appointed local officer shall
file a Statement of Financial Interests within 30 days from the
date of appointment.
VI. Prior Filinq During Year. It should be noted that pursuant to
Section 112.3145(8), Fla. Stat., a "local officer" who already has
filed a Form 1 financial disclosure for the annual disclosure
period shall not be required to file a second disclosure for the
same year or any part thereof.
DMW/tms/328001
enclosures
Respectfully,
David M. Wolpin
WEISS SEi~OTA ~c HELFI~IAN, P.A.
FORM 1 STATEMENT OF FINANCIAL INTERESTS 1995
THIS STATEMENT REFLECTS MY FINANCIAL INTERESTS NAME OF AGENCY:
FOR THE PRECEDING TAX YEAR ENDING:
EITHER OR
SPECIFY TAX YEAR IF OTHER [3 LOCAL OFFICER OFFICE OR POSITION HELD:
DECEMBER 31, 1995 THAN THE CALENDAR YEAR:
LAST NAME - FIRST NAME - MIDDLE NAME: [3 STATE OFFICER OFFICE HELD:
SPECIFIED STATE POSITION HELD:
MAILING ADDRESS: El EMPLOYEE
[~ CANDIDATE OFFICE SOUGHT:
CITY: ZIP: COUNTY:
FILING INSTRUCTIONS for when and where to file this form are located at the bottom of page 2.
INSTRUCTIONS on who must file this form and how to fill it out begin on page 3 of this packet.
OTHER FORMS you may need to file are described on page 6.
iastTICE: Und, e.,r p, rovisions, of, Sec. 1.12.317., Florida. Stat. utes, a failure to m,.ake, a..ny requir..ed dis.-
re c, onst(ru~.es grou,.nas, ro..r a, np may ~. e pun, isnea oy. one or more. of ~,ne roll~.wing: disqu, ad-
on from,, oelng.on, rne oalloj, impeacnmen.~, remov, a.i or s~spenslon rro..m office or employ-
ment, demotion, reouction in salary, reprimana, or a civil penalty not exceeding $~10,000.
PART A-- PRIMARY SOURCES OF INCOME [Sources exceeding 5% of gross incomel
NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S
OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY
PART B ~ SOURCES OF INCOME TO BUSINESSES OWNED BY THE REPORTING PERSON [Major customers, clients, etc.]
NAME OF SOURCE OF SOURCE'S DESCRIPTION OF THE SOURCE'S
BUSINESS ENTITY'S INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY
PART C -- REAL PROPERTY [Land, buildings]
CE FORM I - REV. 1/96 PAGE
PART D --INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certificates of deposit, etc.]
TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES
PART E -- LIABILITIES IN EXCESS OF NET WORTH [Major debts]
NAME OF CREDITOR ADDRESS OF CREDITOR
PART F -- INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses]
BUSINESS ENTITY # 1 BUSINESS ENTITY # 2 BUSINESS ENTITY # 3
NAME OF
BUSINESS ENTITY
ADDRESS OF
BUSINESS ENTITY
PRINCIPAL BUSINESS
ACTIVITY
POSITION HELD
WITH ENTITY
I OWN MORE THAN A 5%
INTEREST IN THE BUSINESS
NATURE OF MY
OWNERSHIP INTEREST
IF ANY PARTS OF A THROUGH F ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE I-I
SIGNATURE: DATE SIGNED:
FILING INSTRUCTIONS FOR FORM 1:
WHAT TO FILE: After completing all parts of this form, including signing and dating it, send back only the flint sheet (pages 1 and 2)
for filing, Note: You also may be required to file Form 10, which is the last page of this packet, Please see that form for detailed instmc-
tions,
WHERE TO FILE: A local officer files with the Supervisor of Elections of the county in which he or she permanently resides
(If you do not permanently reside in Florida, file with the Supervisor of the county where your agency has its headquartem). A
state officer or a specified state employee files with the Department of State, Room t801, The Capitol, Tallahassee, Florida
32399~0250. A candidate files this form together with his or her qualifying papers. To determine what category your position
falls under, see the '~Nho Must File" Instructions on page 3. If you were mailed the form by the Secretary of State or a County
Supervisor of Elections for your annual disclosure filing, return the form to that location.
WHEN TO FILE: Initially, each local officer, state officer, and specified state employee must file within 30 days of the date of his
or her appointment or of the beginning of employment. Appointees who must be confirmed by the Senate must file prior to confirmation,
even if that is less than 30 days from the date of their appointment. Thereafter, local officers, state officers, and specified state
employees are required to file by July 1st following each calendar year they hold their positions. Candidates for publicly-elected state or
local office must file at the same time they file their qualifying papers.
MULTIPLE FILING UNNECESSARY: Generally, a person who has filed Form 1 for a calendar or fiscal year is not required to ~e a
second Form 1 for the same year. However, a candidate who previously filed Form 1 because of another public position must at least file
a copy of his or her original Form 1 when qualifying. (Continued on p.3)
CE FORM 1 - REV. 1/96
WHO MUST FILE FORM 1, STATEMENT OF FINANCIAL INTERESTS
All persons who fall within the categories of "state officers," "local officers," "specified state employees," as well as candidates for elec-
tive state or local office, are required to file Form 1. Positions within these categories are listed below. Persons required to file full financial
disclosure (Form 6) and officers of the judicial branch do not file Form 1 (see Form 6 for a list of persons who must file that form).
STATE OFFICERS include the following positions for state officials:
1) Elected public officials not serving in a political subdivision of the state and any person appointed to fill a vacancy in such office,
unless required to file full disclosure on Form 6.
2) Appointed members of each board, commission, authority, or council having statewide jurisdiction, excluding members of solely
advisory bodies.
3) Members of the Board of Regents, the Chancellor and Vice Chancellors of the state university system, and Presidents of state uni-
versities.
LOCAL OFFICERS include the following positions for officers and employees of local government:
1) Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person
appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6.
2) Appointed members of each board, commission, authority, or council of any political subdivision, excluding members of solely
advisory bodies (a governmental body with land-planning, zoning, or natural resources responsibilities is not considered an advisory body
even if its work-product is solely advisory); expressway authorities and transportation authorities established by general law; community
college district boards of trustees.
3) Persons holding any of these positions in local government: Mayor; county or city manager; chief administrative employee of a
county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or
municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director;
county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; district
school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority
to make any purchase exceeding $1,000 for the local governmental unit.
SPECIFIED STATE EMPLOYEES include the following positions for state employees:
1) Employees in the office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding sec-
retadal, clerical, and similar positions.
2) The following positions in each state department, commission, board, or council: Secretary, Assistant or Deputy Secretary,
Executive Director, Assistant or Deputy Executive Director, and anyone having the power normally conferred upon such persons, regard-
less of title.
3) The following positions in each state department or division: Director, Assistant or Deputy Director, Bureau Chief, Assistant Bureau
Chief, and any person having the power normally conferred upon such persons, regardless of title.
4) Assistant State Attorneys, Assistant Public Defenders, Public Counsel, full-time state employees serving as counsel or assistant
counsel to a state agency, and headng officers.
5) The Superintendent or Director of: a state mental health institute established for training and research in the mental health field, or
any major state institution or facility established for corrections, training, treatment, or rehabilitation.
6) State agency: Business Managers, Finance and Accounting Directors, Personnel Officers, Grant Coordinators, and purchasing
agents (regardless of title) with power to make a purchase exceeding $1,000.
7) Voting members of the Information Technology Resource Procurement Advisory Council.
8) The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secre-
tarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the
Commission on Ethics.
INSTRUCTIONS FOR COMPLETING FORM '1, STATEMENT OF FINANCIAL INTERESTS
INTRODUCTORY INFORMATION (At the Top of the Form):
TAX YEAR: The tax year for most individuals is the calendar year (January I through December 31). If that is the case for you, then
your financial interests should be reported for the most recently completed calendar year (1995) and you do not need to add any infor-
mation in this part of the form. However, if you file your IRS tax return based on a tax year that is not the calendar year, you should
specie/the dates of your tax year in the upper left-hand portion of the form. This is the time frame or "disclosure period" for which your
interests should be reported.
NAME OF AGENCY: This should be the name of the governmental unit which you serve or served, by which you are or were
employed, or for which you are a candidate. For example, "City of Tallahassee," "Leon County," or "Department of Transportation."
LOCAL OFFICER, STATE OFFICER, SPECIFIED STATE EMPLOYEE, AND CANDIDATE DESIGNATIONS: The positions for each
of these categories are listed on page 3, under "Who Must File." Please check the box for the position you hold, held during the disclo-
sure period, or are seeking.
OFFICE OR POSITION HELD OR SOUGHT: Use the title of the office or position you hold, are seeking, or held during the disclosure
period (in some cases you may not hold that position now, but you still would be required to file to disclose your interests during the
last year you held that position). For example, "City Council Member," "County Administrator," "Purchasing Agent," dr "Bureau Chief."
ADDRESS OF REPORTING INDIVIDUALS: If your home address appears on the form but you prefer another address be shown,
mark through the address provided and insert your office or other current address. The following persons should not use their home
addresses: active or former law enforcement personnel, including correctional and correctional probation officers; current or former
state attorneys, assistant state attorneys, statewide prosecutors, and assistant statewide prosecutors; fireflghters; personnel of
D.H.R.S. whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities; spouses of the
above; and county and municipal cede inspectors and code enforcement officers; and personnel of the Department of Revenue or
(Continued on p. 4)
CE FORM 1 - REV. 1/96 PAGE 3
local governments responsible for revenue collection and enforcement or child support enforcement.
PART A -- PRIMARY SOURCES OF INCOME [Required by Sec. 112.3145(3)(a), Fla. Stat.]
Part A of Form 1 is intended to require the disclosure of your principal sources of income during the disclosure period. You do not
have to disclose the amount of income received. Please list in this part of the form the name, address, and principal business activity of
each source of your income which exceeded five percent (5%) of the gross income received by you in your own name or by any other
person for your benefit or use during the disclosure period. The sources should be listed in descending order, with the largest source first.
You need not list your public salary resulting from public employment, but this amount should be included when calculating your gross
income for the disclosure pedod. The income of your spouse need not be disclosed; however, if there is joint income to you and your spouse
from property held by the entireties (such as interest or dividends from a bank account or stocks held by the entireties), you should include all
of that income when calculating your gross income and disclose the source of that income if it exceeded the 5% threshold.
"Gross income" means the same as it does for income tax purposes, including all income from whatever source derived, such as
compensation for services, gross income from business, gains from property dealings, interest, rents, dividends, pensions, and distribu-
tive share of partnership gross income. Examples:
-~ If ),ou were employed by a company that manufactures computers and received more than 5% of your gross income (salary, com-
missions, etc.) from the company, then you should list the name of the company, its address, and its principal business activity (com-
puter manufacturing).
-- If you were a partner in a law firm and your distributive share of partnership gross income exceeded 5% of your gross income,
then you should list the name of the firm, its address, and its principal business activity (practice of law).
-- If you were the sole proprietor of a retail gift business and your gross income from the business exceeded 5% of your total gross
income, then you should list the name of the business, its address, and its principal business activity (retail gift sales).
-- If you received income from investments in stocks and bonds, you are required to list only each individual company from which
you derived more than 5% of your gross income, rather than aggregating all of your investment income.
-- If more than 5% of your gross income was gain from the sale of property (not just the selling price), then you should list as a
source of income the name of the purchaser, the purchaser's address, and the purchaser's principal business activity. If the purchas-
er's identity is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income
should be listed simply as "sale of (name of company) stock," for example.
-- If more than 5% of your gross income was in the form of interest from one particular financial institution (aggregating interest from
all CD's, accounts, etc. at that institution), list the name of the institution, its address, and its principal business act~wty.
PART B -- SOURCES OF NCOME TO BUSINESSES OWNED BY THE REPORTING PERSON [Sec. 112.3145(3)(b), Fla. Stat.]
This part is intended to require the disclosure of major customers, clients, and other sources of income to businesses in which you
own an interest. You will not have anything to report unless:
(1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) during the disclosure period more than
five percent (5%) of the total assets or capital stock of a business entity (a corporation, partnership, limited partnership, proprietor-
ship, joint venture, trust, firm, etc., doing business in Florida); and
(2) You received more than ten percent (10%) of your gross income during the disclosure period from that business entity; and
(3) You received more than $1,500 in gross income from that business entity during the period.
if your interests and gross income exceeded the three thresholds listed above, then for that business entity you must list every source of
income to the business entity which exceeded ten percent (10%) of the business entity's gross income (computed on the basis of the
business entity's most recently completed fiscal year), the source's address, and the source's principal business activity. Examples:
-- You are the sole proprietor of a dry cleaning business, from which you received more than 10% of your gross income (an amount
that was more than $1,500). If only one customer, a uniform rental company, provided more than 10% of your dry cleaning business,
you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals).
-- You are a 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the thresholds listed
above. You should list each tenant of the mall that provided more than 10% of the partnership's gross income, the tenant's address
and principal business activity.
-- You own an orange grove and sell all your oranges to one marketing cooperative. You should list the cooperative, its address,
and its principal business activity if your income met the thresholds.
PART C -- REAL PROPERTY [Required by Sec. 112.3145(3)(c), Fla. Stat.]
In this part, please list the location or description of all real prepeHy (land and buildings) in Florida in which you owned directly or indi-
rectly at any time during the previous tax year in excess of five percent (5%) of the property's value. You are not required to list your resi-
dences and vacation homes; nor are you required to state the value of the property on the form.
Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you
are more than a 5% partner in a partnership or stockholder in a corporation that owns the property. The value of the property may be
determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.
The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. Although
a legal description of the property will do, such a lengthy description is not required. Using simpler descriptions, such as "duplex, 115 Terrace
Avenue, Tallahassee" or 40 acres located at the intersection of Hwy. 60 and 1-95, Lake County" is sufficient. In some cases, the prope~/tax
identification number of the property will help in identifying it: "120 acre ranch on Hwy. 902, Hendry County, Tax ID # 131-45863."
Examples:
-- You own 1/3 of a partnership or small corporation that owns bott~'a vacant lot and a 12% interest in an office building. You should
disclose the lot, but are not required to disclose the office building (because your 1/3 of the 12% interest--which equals 4%--does
not exceed the 5% threshold).
-- If you are a beneficiary of a trust that owns real property and your interest depends on the duration of an individual's life, the value
of your interest should be determined by applying the appropriate actuarial table to the value of the property itself, regardless of the
actual yield of the property. (Continued on p. 5)
CE FORM 1 - REV. 1/96 PAGE 4
PART D -- INTANGIBLE PERSONAL PROPERTY [Required by Sec. 112.3145(3)(c), Fla. Stat.]
Provide a general description of any intangible pemonal property that was worth more than ten percent (10%) of your total assets at the
end of the disclosure period, and state the business entity to which the property related. Intangible personal property includes such things as
money, stocks, bonds, certificates of deposit, interests in partnerships, benefldal interests in a trust, promissory notes owed to you, accounts
receivable by you, IRA's, and bank accounts. Such things as automobiles, houses, jewelry, and paintings are not intangible property.
Calculations: In order to decide whether the intangible prope~ exceeds 10% of your total assets, you will need to total the value of
all of your assets (including real property, intangible property, and tangible personal property such as automobiles, jewelry, fumiture, etc.).
When making this calculation, do not subtract any liabilities (debts) that may relate to the property--add only the fair market value of the
property. Multiply the total figure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount.
Jointly owned property should be valued according to the percentage of your joint ownership, with one exception: where the property is
owned by husband and wife as tenants by the entirety (which usually will be the cese), the property should be valued at 100%. None of
your calculations or the value of the property have to be disclosed on the form. Examples:
-- You own 50% of the stock of a small corporation that is worth $100,000, according to generally accepted methods of valuing
small businesses. The estimated fair market value of your home and other property (bank accounts, automobile; furniture, etc.) is
$200,000. As your total assets are worth $250,000, you must disclose intangibles worth over $25,000. Since the value of the stock
exceeds this threshold, you should list "stock" and the name of the corporation. If your accounts with a particular bank exceed
$25,000, you should list ~bank accounts" and bank's name.
-- V~rnen you retired, your professional firm bought out your partnership interest by giving you a promissory note, the present value of
which is $100,000. You also have a certificate of deposit from a bank worth $75,000 and an investment portfolio worth $300,000, con-
sisting of $100,000 of IBM bonds and a variety of other investments worth between $5,000 and $50,000 each. The fair market value of
your remaining assets (condominium, automobile, and other personal property) is $225,000. Since your total assets are worth $700,000,
you must list each intangible worth more than $70,000. Therefore, you would list "promissory note" and the name of your former partner-
ship, ~certiflcate of deposit" and the name of the bank, "bonds" and ~IBM,' but none of the rest of your investments.
PART E-- LIABILITIES IN EXCESS OF NET WORTH [Required by Sec. 112.3145(3)(d), Fla. Stat.]
In this part of the form, list the name and address of each creditor to whom you were indebted at any time during the disclosure peri-
od in an amount which exceeded your net worth. You are not required to list the amount of any indebtedness or your net worth. You do
not have to disclose any of the foJlowing: credit card and retail installment accounts, taxes owed, indebtedness on a life insurance policy
owed to the company of issuance, contingent liabilities, and accrued income taxes on net unrealized appreciation (an accounting con-
cept). A "contingent liability" is one that will become an actual liability only when one or more future events occur or fail to occur, such as
where you are liable only as a guarantor, surety, or indorser on a promissory note; if you are a "co-maker" and have signed as being joint-
ly liable or jointly and severally liable, then this is not a contingent liability.
Calculations: In orders to decide whether the debt exceeds your net worth, you will need to total all of your liabilities (including promisso-
ry notes, mortgages, credit card debts, lines of credit, judgments against you, etc.). Subtract this amount from the value of ali your assets as
calculated above for Part [3. This is your "net worth." You must list on the form each creditor to whom your debt exceeded this amount unless
it is one of the types of indebtedness listed in the paragraph above (credit card and retail installment accounts, etc.). Joint liabilities with one
or more other persons for which you are "jointly and severally liable," which means that you may be liable for either your part or the whole of
the obligation, should be included in your calculations based upon your percentage of liability, with the following exception: Joint and several
liability with your spouse for a debt which relates to property owned by both of you as "tenants by the entirety" (usually the case) should be
included in your calculations by valuing the asset at 100% of its value and the liability at 100% of the amount owed.
Examples:
-- You owe $15,000 to a bank for student loans, $5,000 for credit card debts, and $60,000 (with your spouse) to a savings and loan
for a home mortgage. Your home (owned by you and your spouse) is worth $80,000 and your other property is worth $20,000. Since
your net worth is $20,000 ($100,000 minus $80,000), you must report only the name and address of the savings and loan.
-- You and your 50% business partner have a business loan from a bank of $100,000, for which you both are jointly and severally
liable. The value of the business, taking into account the loan as a liability of the business, is $50,000. Your other assets are worth
$25,000, and you owe $5,000 on a credit card. Your total assets will be $50,000 (half of a business worth $50,000 ptus $25,000 of
other assets). Your liabilities, for purposes of calculating your net worth, will be only $5,000, because the full amount of the business
loan already was included in valuing the business. Therefore, your net worth is $45,000. Since your 50% share of the $100,000 busi-
ness loan exceeds this net worth figure, you must list the bank.
PART F-- INTERESTS IN SPECIFIED BUSINESSES [Required by Sec. 112.3145(5), Fla. Stat.]
You are required to disclose in this part of the form the fact that you owned during the disclosure period an interest in, or held any of
certain positions with, particular types of businesses. You are required to make this disclosure if you own or owned (either directly or indi-
rectly in the form of an equitable or beneficial interest) at any time dudng the disclosure period more than five percent (5%) of the total
assets or capital stock of one of the types of business entities granted a privilege to operate in Flodda that are listed below. You also must
complete this part of the form for each of these types of businesses for which you are, or were at any time during the disclosure period, an
officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process).
The types of businesses covered in this disclosure are only: state and federally chartered banks; state and federal savings and loan
associations; cemetery companies; insurance companies (including insurance agencies); mortgage companies; credit unions; small loan
companies; alcoholic beverage licensees; pari-mutuel wagering companies; utility companies; entities controlled by the Public Service
Commission; and entities granted a franchise to operate by either a city or a county government.
If you have or held such a position or ownership interest in one of these types of businesses, tist (vertically for each business): the
name of the business, its address and principal business activity, and the position held with the business (if any). Also, if you own(ed)
more than a 5% interest in the business, as described above, you must indicate that fact and describe the nature of your interest.
(Continued on p. 6)
CE FORM 1 - REV. 1/96 PAGE 5
NOTICE: OTHER FORMS YOU MA Y NEED TO FILE IN ORDER TO COMPLY WITH THE ETHICS LAWS
In addition to filing Form I and Form 10 (see next page), you may be required to file one or more of the special purpose forms listed
below, depending on your particular position, business activities, or interests. As it Js your duty to obtain and file any of the special pur-
pose forms which may be applicable to you, you should carefully read the brief description of each form to determine whether it applies.
Form 2 -- Quarterly Client Disclosure: Required of local officers, state officers, and specified state employees by January 15,
April 15, July 15, and October 15 following any calendar quarter during which a reportable representation was made; This form is
used to disclose the names of clients represented for compensation by you or a partner or associate before agencies at the same
level of government as you serve. [Sec. 112.3145(4), Fla. Stat.]
Form 3A -- Statement of Interest in Competitive Bid for Public Business: Required of public officers and public employees prior to
or at the time of submission of a bid for public business which otherwise would violate Sec. 112.313(3) or 112.313(7), Fla. Stat.
[Sec. 112.313(12)(b), Fla. Stat.]
Form 4A -- Disclosure of Business Transaction, Relationship, or Interest: Required of public officers and employees to disclose
certain business transactions, relationships, or interests which otherwise would violate Sec. 112.313(3) or 112.313(7), Fla. Stat.
[Sec. 112.313(12) and (12)(e), Fla. Stat.]
Form 8A -- Memorandum of Voting Conflict for State Officers: Required to be filed by a state officer within 15 days after having
voted on a measure which inured to his special private gain (or loss) or to the special gain (or loss) of a relative, business associate,
or one by whom he is retained or employed. Each appointed state officer who seeks to influence the decision on such a measure
prior to the meeting must file the form before undertaking that action. [Sec. 112.3143, Fla. Stat.]
Form 8B -- Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers: Required to be filed (within
15 days of abstention) by each local officer who must abstain from voting on a measure which would inure to his special private gain
(or loss) or the special gain (or loss) of a relative, business associate, or one by whom he is retained or employed. Each appointed
local official who seeks to influence the decision on such a measure prior to the meeting must file the form before undertaking that
action. [Sec. 112.3143, Fla. Stat.]
Form 9 -- Quarterly Gift Disclosure: Required of local officers, state officers, specified state employees, and state procurement
employees to report gifts over $100 in value. The form should be filed by the end of the calendar quarter (March 31, June 30,
September 30, or December 31) following a calendar quarter in which the gift was received. [Sec. 112.3148, Fla. Stat.]
AVAILABILITY OF FORMS; FOR MORE INFORMATION
Copies of these forms are available from the Supervisor of Elections in your county; from the Department of State, Room 1801, The
Capitol, Tallahassee, Florida 32399-0250; and from the Commission on Ethics, Post Office Drawer 15709, Tallahassee, Florida 32317-
5709.
Questions about any of these forms or the ethics laws may be addressed to the Commission on Ethics, Post Office Drawer 15709,
Tallahassee, Florida 32317-5709; telephone (904) 488~7864 (Suncom 278-7864). Please follow the filing instructions on page 2 and do
not file this form with the Commission on Ethics.
CE FORM 1 - REV. 1/96 PAGE 6
Please Print or Type Disclosure for Tax Year Ending:
Name:
LAST FIRST MIDDLE
Social Security Number:
Filing as a: ~-~ County Employee
[] Municipal Employee off
Position held or sought/ Term or
Board where serving: Employment
began on:
Department where employed:
Work Address:
If your home address is exempt Dom public records pummnt to
Florida Statutes 119.07 please check here: [] Work Telephone:
Home Address:
STREET ADDRESS
(2TY STATE ~ CODE
Please list below in descending order with the largest source first, the n=me, address and principal business
activity of every source of your income including public ~l~ry you received or any person received for your
benefit or use during the disclosure period. The income of your spouse or any business partner need not be
disclosed. If continued on a separate sheet, check here: []
DESCRIPTION OF THE
NAME OF SOURCE OF INCOME ADDRESS PRINLaPAL BUSINESS ACTIVITY
I hereby swear (or ai~a~m) that the aforesaid information is a true and correct statement.
SIGNA2~RE OF PERSON DISCLOSI~IG DATE SIGNE~
SOUR~_~ OF INCOME INFORMATION
(Required by the Dade County Code, Section 2-11.1 (i), as ~nended.)
The tcrm INCOME shall include, but is not limited to, the following items: wages, s~aries; tips; bonuses;
commissions & fces; dividends, intcrest; profits from businesses and profcssions; your share of profits from
parmcrships and small business corporations; pensions, annnittes & endovnnents; profits from the sale or e~rhangc
of rcal estate, sccurities or other property, including personal residence; rents and royalties; your share of estate or
trust income, including accumulated distributions; alimony, separate maintenance or support payments; prizes,
awards and gifts; fees as an Executor, Administrator or Director, disability retirement payments; workmen's
compensation, insurance; damages; etc.
This form must be flied by July 1st of each year.
Da& County Persound and Advisory Board
members shall file completed forms with:
Supervisor of Elections
111 NW 1 Street, Suitc 1910
Miami, Florida 35128
or
P.O. Box 012241,
Miami, Florida 33101-2241
Municipal Personnel and Advisory Board members
shall file completed forms with:
Their respective Municipal Clerk.
For further information contact thc Metro-Dado Elections Department at 3754582 or your Municipal Clerk's
Off'Ce.
01122/9J
Ch. 112 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS F.S. 19~95
meeting when it becomes known that a conflict exists.
A written memorandum disclosing the nature of the con-
flict shall then be filed within 15 days after the oral
disclosure with the person responsible for recording the
minutes of the meeting and shall be incorporated into
the minutes of the meeting at which the oral disclosure
was made. Any such memorandum shall become a pub-
lic record upon filing, shall immediately be provided to
the other members of the agency, and shall be read pub-
licly at the next meeting held subsequent to the filing of
this written memorandum.
(c) For purposes of this subsection, the term
"participate" means any attempt to influence the deci-
sion by oral or written communication, whether made by
the officer or at the officer's direction.
(5) Whenever a public officer or former public officer
is being considered for appointment or reappointment
to public office, the appointing body shall consider the
number and nature of the memoranda of conflict previ-
ously filed under this section by said officer.
History.--s. 6, ch. 75-208; s. 2, ch. 84-318; s. I, ch. 84-357; s. 2, ch. 86-148; s.
5, ch. 91~; s. 3, ch. 94-277; s. 1408, ch. 95-147.
1Note.--"Agency" is defined in s, 112.312(2).
112.3144 Full and public disclosure of financial
interests.--
(1) No person who is required, pursuant to s. 8, Art.
II of the State Constitution, to file a full and public
disclosure of financial interests and who has filed a full
and public disclosure of financial interests for any calen-
dar or fiscal year shall be required to file a statement of
financial interests pursuant to s. 112.3145(2) and (3) for
the same year or for any part thereof notwithstanding
any requirement of this part, except that a candidate for
office shall file a copy of his or her disclosure with the
officer before whom he or she qualifies.
(2) For purposes of full and public disclosure under
s. 8(a), Art. I~ of the State Constitution, the following
items, if not held for investment purposes and if valued
at over $1,000 in the aggregate, may be reported in a
lump sum and identified as "household goods and per-
sonal effects":
(a) Jewelry;
(b) Collections of stamps, guns, and numismatic
properties;
(c) Art objects;
(d) Household equipment and furnishings;
(e) Clothing;
(f) Other household items; and
(g) Vehicles for personal use.
(3) Forms for compliance with the full and public
disclosure requirements of s. 8, Art. II of the State Con-
stitution, and a current list of persons required to file full
and public disclosNre by s. 8, Art. II of the State Constitu-
tion, or other state law, shall be provided by the Com-
mission on Ethics to the Secretary of State, who shall
give notice of disclosure deadlines and delinquencies
and distribute forms in the following manner:
(a) Not later than May 1 of each year, the Commis-
sion on Ethics shall prepare a current list of the names
and addresses of and the offices held by every person
required to file full and public disclosure annually by s.
8, Art. II of the State Constitution, or other state law, and
shall provide the Secretary of State with the mailing list.
In compiling the list, the commission shall be assisted
by each unit of government in providing at the request
of the commission the name, address, and name of the
office held by each public official within the respective
unit of government.
(b) Not later than 30 days before July 1 of each year,
the Secretary of State shall mail a copy of the form pre-
scribed for compliance with full and public disclosure
and a notice of the filing deadline to each person on the
mailing list.
(c) Not later than 30 days after July 1 of each year,
the Secretary of State shall determine which persons on
the mailing list have failed to file full and public
disclosure and shall send delinquency notices by certi-
fled mail to such persons. Each notice shall state that
a grace period is in effect until September 1 of the cur-
rent year and that, if the statement is not filed by Sep-
tember 1 of the current year, the Secretary of State is
required by law to notify the Commission on Ethics of
the delinquency.
(d) Not later than 30 days following September 1 of
each year, the Secretary of State shall certify to the
Commission on Ethics a list of the names and addresses
of and the offices held by all persons on the mailing list
who have failed to timely file full and public disclosure.
The certification shall be on a form prescribed by the
commission and shall indicate whether the Secretary of
State has provided the disclosure forms and notice as
required by this section to all persons named on the
delinquency list.
(e) Any person subject to the annual filing of full and
public disclosure under s. 8, Art. II of the State Constitu-
tion, or other state law, whose name is not on the mailing
list provided to the Secretary of State shall not be
deemed delinquent for failure to file full and public
disclosure in any year in which the omission occurred.
(f) The notification requirements of this subsection
do not apply to candidates or to the first filing required
of any person appointed to elective constitutional office.
The appointing official shall notify such newly appointed
person of the obligation to file full and public disclosure
by July 1.
Histo~/.--s. 1, ch. 82.-98; s. 3, ch. 88-358; s. 19, ch. 91-45; s. 4, ch. 94-277; s.
1409, ch. 95-147.
112.3145 Disclosure of financial interests and cli-
ents represented before agencies.--
(1) For purposes of this section, unless the context
otherwise requires, the term: (a) "Local officer" means:
1. Every person who is elected to office in any politi-
cal subdivision of the state, and every person who is
appointed to fill a vacancy for an unexpired term in such
an elective office.
2. Any appointed'member of a board; commission;
authority, including any expressway authority or trans-
portation authority established by general law; commu-
nity college district board of trustees; or council of any
political subdivision of the state, excluding any member
of an advisory body. A governmental body with land-
planning, zoning, or natural resources responsibilities
shall not be considered an advisory body.
852
' F.S. 1995
PUBLIC OFFICERS AND EMPLOY_;;_S; GENERAL PROVISIONS
Ch. 117
3. Any person holding one or more of the following
positions: mayor; county or city manager; chief adminis-
trative employee of a county, municipality, or other politi-
cai subdivision; county or municipal attorney; chief
county or municipal building inspector; county or munici-
pal water resources coordinator; county or municipal
pollution control director; county or municipal environ-
mental control director; county or municipal administra-
tor, with power to grant or deny a land development per-
mit; chief of police; fire chief; municipal clerk; district
school superintendent; community college president;
district medical examiner; or purchasing agent having
the authority to make any purchase exceeding $1,000
for any political subdivision of the state or any entity
thereof.
(b) "Specified state employee" means:
1. Public counsel created by chapter 350, an assis-
rant state attorney, an assistant public defender, a full-
time state employee who serves as counsel or assistant
counsel to any state agency, a judge of compensation
claims, or a hearing officer.
2. Any person employed in the office of the Gover-
nor or in the office of any member of the Cabinet if that
person is exempt from the Career Service System,
except persons employed in clerical, secretarial, or simi-
lar positions.
3. Each appointed secretary, assistant secretary,
deputy secretary, executive director, assistant execu-
tive director, or deputy executive director of each state
department, commission, board, or council; unless oth-
erwise provided, the division director, assistant division
director, deputy director, bureau chief, and assistant
bureau chief of any state department or division; or any
person having the power normally conferred upon such
persons, by whatever title.
4. The superintendent or institute director of a state
mental health institute established for training and
research in the mental health field or the superintendent
or director of any major state institution or facility estab-
lished for corrections, training, treatment, or rehabilita-
tion.
5. Business managers, purchasing agents having
the power to make any purchase exceeding $1,000,
finance and accounting directors, personnel officers, or
grants coordinators for any state agency.
6. Any voting member of the Information Technol-
ogy Resource Procurement Advisory Council estab-
lished in the Department of Management Services by s.
287.073.
7. Any person, other than a legislative assistant
exempted by the presiding officer of the house by which
the legislative assistant is employed, who is employed
in the legislative branch of government, except persons
employed in maintenance, clerical, secretarial, or similar
positions.
8. Each employee of the Commission on Ethics.
(c) "State officer" means:
1. Any elected public officer, excluding those
elected to the United States Senate and House of Rep-
resentatives, not covered elsewhere in this part and any
person who is appointed to fill a vacancy for an unex-
pired term in such an elective office.
2~ An appointed member of each board, commis-
sion, authority, or council having statewide jurisdiction,
excluding_a member of an advisory body.
3, A member of the Board of Regents, the Chancel-
lot and Vice Chancellors of the State University System,
and the president of a state university.
(2)(a) A person seeking nomination or election to a
state or local elective office shall file a statement of
financial interests together with, and at the same time
he or she files, qualifying papers.
(b) Each state or local offiber and each specified
state employee shall file a statement of financial inter-
ests no later than July 1 of each year. Each state or local
officer who is appointed and each specified state
employee who is employed shall file a statement of
financial interests within 30 days from the date of
appointment or, in the case of a specified state
employee, from the date on which the employment
begins, except that any person whose appointment is
subject to confirmation by the Senate shall file prior to
confirmation hearings or within 30 days from the date of
appointment, whichever comes first.
(c) State officers, persons qualifying for a state
office, and specified state employees shall file their
statements of financial interests with the Secretary of
State. Local officers shall file their statements of finan-
cial interests with the supervisor of elections of the
county in which they permanently reside. Local officers
who do not permanently reside in any county in the state
shall file their statements of financial interests with the
supervisor of elections of the county in which their
agency maintains its headquarters. Persons seeking to
qualify as candidates for local public office shall file their
statements of financial interests with the officer before
whom they qualify.
(3) The statement of financial interests for state offi-
cers, specified state employees, local officers, and per-
sons seeking to qualify as candidates for state or local
office shall be filed even if the reporting person holds no
financial interests requiring disclosure, in which case the
statement shall be marked "not applicable." Otherwise,
the statement of financial interests shall include:
(a) All sources of income in excess of 5 percent of
the gross income received during the disclosure period
by the person in his or her own name or by any other per-
son for his or her use or benefit, excluding public salary.
However, this shall not be construed to require
disclosure of a business partner's sources of income.
The person reporting shall list such sources in descend-
lng order of value with the largest source first.
(b) All sources of income to a business entity in
excess of 10 percent of the gross income of a business
entity in which the reporting person hetd a materiat inter-
est and from which he or she received an amount which
was in excess of 10 percent of his or her gross income
during the disclosure period and which exceeds $1,500.
The period for computing the gross income of the busi-
ness entity is the fiscal year of the business entity which
ended on, or immediately prior to, the end of the
disclosure period of the person reporting.
(c) The location or description of real property in this
state, except for residences and vacation homes,
owned directly or indirectly by the person reporting,
853
Ch, 112
PUBLIC OFFICERS AND EMPLOYF;F$; GENERAL PROVISIONS
when 'such person owns in excess of 5 percent of the
value of such real property, and a general description of
any intangible personal property worth in excess of 10
percent of such person's total assets. For the purposes
of this paragraph, indirect ownership does not include
ownership by a spouse or minor child.
(d) Every liability which in sum equals more than the
reporting person's net worth.
(4) Each elected constitutional officer, state officer,
local officer, and specified state employee shall file a
quarterly report of the names of clients represented for
a fee or commission, except for appearances in ministe-
rial matters, before agencies at his or her level of govern-
merit. For the purposes of this part, agencies of govern-
ment shall be classified as state-level agencies or agen-
cies below state level. Each local officer shall file such
report with the supervisor of elections of the county in
which the officer is principally employed or is a resident.
Each state officer, elected constitutional officer, and
specified state employee shall file such report with the
Secretary of State. The report shall be filed only when
a reportable representation is made during the calendar
quarter and shall be filed no later than 15 days after the
last day of the quarter. Representation before any
agency shall be deemed to include representation by
such officer or specified state employee or by any part-
ner or associate of the professional firm of which he or
she is a member and of which he or she has actual
knowledge. For the purposes of this subsection, the
term 'representation before any agency" does not
include appearances before any court or Chief Judges
of Compensation Claims or judges of compensation
claims or representations on behalf of one's agency in
one's official capacity. Such term does not include the
preparation and filing of forms and applications merely
for the purpose of obtaining or transferring a license
based on a quota or a franchise of such agency or a
license or operation permit to engage in a profession,
business, or occupation, so long as the issuance or
granting of such license, permit, or transfer does not
require substantial discretion, a variance, a special con-
sideration, or a certificate of public convenience and
necessity.
(5) Each elected constitutional officer and each can-
didate for such office, any other public officer required
pursuant to s. 8, Art. II of the State Constitution to file
a full and public disclosure of his or her financial inter-
ests, and each state officer, local officer, specified state
employee, and candidate for elective public office who
is or was during the disclosure period an officer, direc-
tor, partner, proprietor, or agent, other than a resident
agent solely for service of process, of, or owns or owned
during the disclosure period a material interest in, any
business entity which is granted a privilege to operate
in this state shall disclose such facts as a part of the
disclosure form filed pursuant to s. 8, Art. II of the State
Constitution or this section, as applicable. The state-
ment shall give the name, address, and principal busi-
ness activity of the business entity and shall state the
position held with such business entity or the fact that
a material interest is owned and the nature of that inter-
est.
(6) Forms for compliance with the disclosure
requirements of this section and a current list of persons
subject to disclosure shall be provided by the Commis-
sion on Ethics to the Secretary of State and to each
supervisor of elections, who shall give notice of
disclosure deadlines and delinquencies and distribute
forms in the following manner:
(a)l. Not later than May 1 of each year, the Commis-
sion on Ethics shall prepare a current list of the names
and addresses of, and the offices or positions held by,
every state officer, local officer, and specified employee.
In compiling the list, the commission shall be assisted
by each unit of government in providing, at the request
of the commission, the name, address, and name of
agency of, and the office or position held by, each state
officer, local officer, or specified state employee within
the respective unit of government.
2. Not later than May 15 of each year, the commis-
sion shall provide the Secretary of State with a current
mailing list of all state officers and specified employees
and shall provide each supervisor of elections with a cur-
rent mailing list of all local officers required to file with
such supervisor of elections.
(b) Not later than 30 days before July 1 of each year,
the Secretary of State and each supervisor of elections
shall mail a copy of the form prescribed for compliance
with subsection (3) and a notice of all applicable
disclosure forms and filing deadlines to each person
required to file a statement of financial interests.
(c) Not later than 30 days after July 1 of each year,
the Secretary of State and each supervisor of elections
shall determine which persons required to file a state-
ment of financial interests in their respective offices
have failed to do so and shall send delinquency notices
by certified mail to such persons. Each notice shall state
that a grace period is in effect until September 1 of the
current year; that no investigative or disciplinary action
based upon the delinquency will be taken by the agency
head or Commission on Ethics if the statement is filed
by September 1 of the current year; that, if the state-
ment is not filed by September 1 of the current year, he
or she is required by law to notify the Commission on
Ethics of the delinquency; and that, if upon the filing of
a sworn complaint the commission finds that the person
has failed to timely file the statement by September 1
of the current year, such person shall be subject to the
penalties provided in s. 112.317.
(d) Not later than 30 days following September 1 of
each year, the Secretary of State and the supervisor of
elections in each county shall certify to the Commission
on Ethics a list of the names and addresses of, and the
offices or positions held by, all persons who have failed
to timely file the required statements of financial inter-
ests. The certification shall be on a form prescribed by
the commission and shall indicate whether the respec-
tive certifying official has provided the disclosure forms
and notice as required by this subsection to all persons
named on the delinquency list.
(e) Any state officer, local officer, or specified
employee whose name is not on the mailing list provided
to the Secretary of State or supervisor of elections is not
subject to the penalties provided in s. 112.317 for failure
to timely file a statement of financial interests in any year
in which the omission occurred.
854
*- F.S. 1995 PUBLIC OFFICERS AND EMPLOYm=-~; G~e-,.~,,~RAL ~OViSiONS Ch. 117
(fl The requirements of this subsection do not apply
~o candidates or to the first filing required of any state
6fficer, specified employee, or local 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
emptoyed 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·
Hist~y.--s, 5, ch. 74-177; ss. 2, 6, ch. 75-I g6; s. 2, ch. 76-18; s, 1, ch. 77-174;
s. 63, ch. 77-175; s. 54, ch. 79-40; s. 3, ch, 82-98; s. 2, ch. 83-128; ss, 2, 5, ch,
83-282; s. 3, ch. 84-318; s. 1, ch. 88-316; s, 1, ch. ~0-169; s. 5, ch. 99-502; s. 27,
ch. 91-46; s, 6, ch, 91-85: s. 6, ch. 91-292: ss. 5, 13, ch. 94-277; s. 3, ch. 94-340;
S, 1410, ch. S5-147.
112.3146 Public records.--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.
Hlsto~y,--s. 5, ch. 74-177; s. 6, ch, 90-502; s, 7, ch. 91~5,
112.3147 Forms.--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. II of the State Constitution
shall be on forms prescribed by the Commission on Eth*
ics.
History,--s, 7, ch, 74-177; s. 3, ch. 76-18; s, 7, ch. 90-502; s, 8, ch, 91~5,
112.3148 Reporting and prohibited receipt of gifts
by individuals filing 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:
(al "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 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.
(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.
(el "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, 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 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 governmental 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 arrange for the transfer of custody
and ownership of the gift.
(5)(al A political committee or a committee of contin-
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
§ 2-11
DADE COUNTY CODE
incidental, occasional or otherwise, where cOUnty
time, equipment or material is to be used or where
such employment or any part thereof is to be per-
formed on County time.
(b) When permitted. Afull-time County employ-
ee may accept incidental or occasional outside em-
ploymont so long as such employment is not con-
trary, detrimental or adverse to the interest of the
County or any of its departments and the apprev-
al required in subsection (c) is obtained.
(c) Approval of deparlment head required. Any
outside employment by any full-time County em-
ployee must first be approved in writing by the
employee's department head who shall maintain
a complete record of such employment.
(d) Penalty. Any employee convicted of violat-
lng any provision of this section shall be pnni.~hed
as provided in Section 1-5, and, in addition there-
to,~hall be subject to dismissal by his department
head.
(Ord. No. 58-5, § 25.01, 2-18-58)
Annotation--AO 7-1.
Sec. 2-11.1. Conflict of Interest and Code of
Ethics Ordinance.
(a) Designation. This section shall be designat-
ed and known as the "Dade County Conillct of
Interest and Code of Ethics Ordinance." This sec-
tion shall be applicable to all County personnel as
defir, ed herein, and shall also constitute a mini-
mum standard of ethical conduct and behavior for
all mtmicipal officials and officers, autonomous per-
sounel, quasi-judicial personnel, advisory person-
nel, departmental personnel and employees of mu-
nicipalities in the County insofar as their
indiwidual relationships with their own municipal
governments are concerned. References in the sec-
tion to County personnel shall therefor be appli-
cable to municipal personnel who serve in compa-
rable capacities to the County personnel referred
to. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-27,
§ 1, 3-20-73)
(b) Definitions. For the purposes of this section
the following definitions shall be effective:
(1) The term ~Commlssioners' shall refer to the
Mayor and the members of the Board of
County Commissioners as duly constituted
from time to time.
Supp. No. 13
264.38
(2) Th~ term ~autenomous personnel" shall re-
fer to the members of semi-autonomous au-
thorities, boards, and agencies as are on-
trusted with the day to day policy setting,
operation and management of certain de-
fined County functions or areas of respon-
sibility, even though the ultimate respousi-
bility for such functions or areas rests with
the Board of County Commissioners.
(3) The term "quasi-judicial personnel" shall
refer to the members of the Zoning Appeals
Board and such other boards and agondes
of the County as perform quasi-judicial func-
tions.
(4) The term "advisory personnel" shall refer
to the members of those County advisory
boards and agencies whose sole or primary
responsibility is to recommend legislation
or give advice to the Board of County Com-
missioners.
(5) The term "departmental personnel" shall
refer to the Manager, his department heads,
ADMINISTRATION § 2-11.1
(4)
agree to accept from another person or en-
tity, any gift 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 per-
formed, 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).
Disclosure. Any person included in the term
defined in subsection Co)(1) through (6) shall
disclose as provided herein any gift, or se-
ties of gifts from any one person or entity,
having a value in excess of twenty-five dol-
lars ($25.00). Said disclosure shall be made
by filing a copy of the disclosure form re-
quired by Chapter 112, Florida Statutes,
for "local officers" with the Clerk of the
Board of County Commissioner simulta-
neously with the filing of the form with the
Secretary of State. (Ord. No. 78-82, § 1, 11-
21-72; Ord. No. 86-25, § 1, 4-1-86; Ord. No.
87-70, § 1, 10-20-87; Ord. No. 9L62, § 1,
6-4-91)
(f) Compulsory disclosure by employees of firms
doing business with the County. Should any person
included in the terms defined in subsections (b)(1)
through (6) be employed by a corporation, firm,
partnership or business entity in which he does
not have a controlling financial interest, either
himself or through a member of his immediate
family, and should the said corporation, firm, part-
nership or business entity have substantial busi-
ness commitments to or from the County or any
County agency, or be subject to direct regulation
by the County or a County agency, then said
person shall Fde a sworn statement disclosing such
employment and interest with the Clerk of the
Circuit Court in and for Dade County. (Ord. No.
72-82, § 1, 11-21-72)
(g) Exploitation of official position prohibited.
No person included in the terms defined in sub-
section Co)(1) through (6) shall use or attempt to
use his official position to secure special privi-
leges or exemptions for himself or others except
as may be specifically permitted by other ordi-
n~nces and resolutions previously ordained or
adopted or hereafter to be ordained or adopted by
the Board of County Commissioners. (Ord. No.
72-82, § 1, 11-21-72)
(h) Prohibition on use of confidential informa-
tion. No person included in the terms defined in
subsection (1))(1) through (6) shall accept employ-
ment or engage in any business or professional
activity which he might reasonably expect would
require or induce him to disclose confidential in-
formation acquired by him by reason of his
cial position, nor shall he in fact ever disclose con-
fidential information garnered or gained through
his official position with the County, nor shall he
ever use such information, directly or indirectly,
for his personal gain or benefit. (Ord. No. 72-82, §
1, 1L21-72)
~ (i) ~Financial disclosure.
- (1) Ail persons and lb'ms included within sub-
sections (a) and (b)(2), (3) and (4) of this sec-
tion shall file, no later than 12:00 noon of
July 1st of each year including the July 1st
following the last year that person is in of-
lice or held such employment, one (1) of the
following..
a. A copy of that person's or firm's cur-
rent federal income tax return; or
b. A current certified Financial statement
on a form of the type approved for use
by State or national banks in Florida
listing all assets and liabilities having
a value in excess of one thousand dol-
lars ($1,000.00) and a short description
of each; or
c. An itemized source of income state-
ment, under oath and on a form ap-
proved by the County for said purpose.
Compliance with the financial disclosure
provisions of Chapter 112 (Part III), Florida
Statutes, as amended, or with the provi-
sions of Article II, Section 8 of the Florida
Constitution, as amended by the voters on
November 2, 1976, and any general laws
promulgated thereunder, shall constitute
compliance with this section.
(2) County and municipal personnel. The fol-
lowing County personnel shall comply with
267
§ 2-11.1 DADE COUNTY CODE
the riling requirements of subsection (i)(1)
above: The Mayor and members of the
Board of County Commissioners; County
Attorney and Assistant County Attorneys;
County Manager; Assistant County Man-
ager(s); Special Assistantfs) to the County
Manager; heads or d/rectors of County de.
partments and their assistant or deputy de-
partment heads; employees of the Metro-
Dade Police with the rank of captain, major
and chief; Building and Zoning Inspectors.
References herein to specified County per-
sonnel and Boards shall be applicable to
municipal personnel and Boards that serve
in comparable capacities to the County per-
sonnel and Boards referred to.
(3) Candidates for County and municipal of-
rice. All candidates for County and munic-
ipal elective office shall comply with the
filing requirements of subsection (i)(1) above
at the same time that candidate riles qual-
ifying papers.
(4) Consultants. AIl persons or firms providing
professional services as derined by Section
2-10.4(1)(a) and (b) of the Code of Metropol-
itan Dade County, to Dade County or any
municipalities, their agencies, or instru-
mentalities, shall comply with the Filing re-
qu/rements of subsection (i)(1) above within
ninety (90) days of the effective date hereof.
All persons or fn'ms subsequent to the ef-
fective date of this section, which engage in
competitive negotiation with Dade County
or any of its municipalities, their agencies
or instrumentalities under and pursuant to
Section 2-10.4 of the Code of Metropolitan
Dade County shall comply with the re.
porting requirements of subsection (i)(1) of
this section within thirty (30) days of exe-
cution of a contract arising out of said com-
petitive negotiations and prior to any pay-
ments from said County, municipalities or
other agencies or instrumentalities. Failure
to comply with the terms hereof by such
persons or firms shall render existing con-
tracts voidable and shall automatically void
any contracts negotiated and executed sub-
sequent to the effective date of this section
where the required information is not fur-
§ 1,
(k)
(1)
(2)
nished within thirty (30) days of the execu-
tion of said contract as noted herein.
(5) Reports; Filing. All documents required to
be Fried hereunder by County persons or
consultants shall be filed with the super-
visor of elections. Documents required to
be riled hereunder by municipal persons or
consultants shall be filed with the munic-
ipal Clerk of that entity.
(6) Public disclosure. All documents filed par-
suant to this subsection shall constitute
public records within the meaning of
Chapter 119, Florida Statutes.
(7) Construction. The construction of this sub-
section shall be considered as supplemental
to and not in substitution of any require-
ments of Chapter 112, Florida Statutes, or
any rules and regulations promulgated
thereunder. (Ord. No. 77-13, § 1, 3-1-77; Ord.
No. 83-18, § 1, 4-19-83; Ord. No. 84-39, § 1,
5-15-84)
Conflicting employrnent prohibited. No
72-82,
No person
subsections
and (6)
pensation for
source other than
be
Ordinances.
Ail
ployees e
for any
other
com-
services as an of-
:he County, from any
County, except as may
2-11 of this Code of
municipal em-
or entity
respective
or
oath, an
of the
the ~ork
done pursuant to same
amount or types of money or other
268 G
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTOR IZA
BARBARA ~1. RIESBERG
ELLEN N. SAUL#
GAll D. SEROTA~
JOSEPH H. SEROTA
WEISS SEROTA & I-IELFM2kN, P.A.
ATTORNEYS AT LAW
;~665 SOUTH BAYSHORE DRIVE
SUITE PO4
MIAMI~ FLORIDA 33133
TELEPHONe (305) 854-0800
tELeCOPlER (305) 854-~323
May 16, 1996
B ROWAR D OFFICE
885 EAST LAS OLAS BOULEVARD
SUITE 710
fORT LAUDERDALE~ FLORIDA 33301
TELePhONE (305) 763-1159
eOF COUNSEL
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Protection of the Name of the City of Aventura
Dear Mayor and Councilmembers:
You have requested that we provide our legal opinion as to
whether the name of the City of Aventura is subject to legal
protection under laws concerning copyrights, trade names, and
unfair competition.
It is our opinion that the name of the City of Aventura would
be treated by the courts as a geographical name and therefore not
be generally afforded protection in the absence of allegation and
proof of fraudulent or deceptive practices.
This is based upon the opinion of the Third District Court of
Appeal in City of Coral Gables v. Rosenthal, 141So.2d 632 (Fla.3d
DCA 1962), affirmed 145 $o.2d 732 (Fla. 1962). In Coral Gables, a
convalescent home used the name "Coral Gables Convalescent Home,
Inc." and the City of Coral Gables sought an injunction to prohibit
the future use of "Coral Gables" in the home's name. The City of
Coral Gables had asserted that the name "Coral Gables" belonged to
the City and to the businesses within the city limits. The
convalescent home was actually located outside of the city limits.
The Third District Court of Appeal upheld the trial court's denial
of an injunction and explained that geographical names are regarded
as common property which cannot be exclusively appropriated for the
benefit of a specific entity. Further, the appellate court noted
that the City of Coral Gables had failed to allege any facts
showing that the city would suffer from a "deceptive" use of the
Coral Gables name or would be a victim of unfair competition.
Honorable Mayor and Councilmembers
May 16, 1996
Page 2
While unfair competition and deceptive name use are common
features of legal proceedings brought for the protection of trade
names, the complaining city would have to prove that (in a specific
case) the use of its municipal name was deceptive to consumers or
persons served and that the city would sustain an injury as a
result of a deceptive use. While these elements would be difficult
to demonstrate as an abstract proposition, each specific situation
which arises may be examined to determine if these elements are
present and can be demonstrated to a court.
Please advise if anything further is required at this time.
Respectfully submitted,
David M. Wolpin
DMW\tms\328001
cc: Richard Jay Weiss, Esq.
WExss SE~O~X & HELF~X~, P.A.
632
papers in connection therewith, to the
Supreme Court of Florida, in accordance
with the opinion of that court rendered
.}'uly 14, 1961, 132 So~d 3. It is so or-
dered.
The CITY OF CORAL GABLES, Florida,
a municipal corporation, Appsilant~
Ferdinand H. ROSENTHAL, d/b/a Coral
Gables Convalescent Home, Ine~ a Florida
corporation, Appellee.
No. 61-36I.
District Court of Appeal of Florida.
Third District,
March 15, 1962.
Rehearing Denied April 16, 1962.
Action by City of Coral Gables to en-
join Florida corporation from using words
"Coral Gables" in its name. The Circuit
Court for Dads County, .}'. Fritz Gordon, .1'.,
entered a judgment dismissing the action
and the city appealed. The District Court
of Appeal, Pearson, Tillman, C. J'., held that
in absence of allegation that the city would
suffer from allegedly deceptive use or that
it would be the victim of unfair competition,
it could not enjoin the use of "Coral Gables"
by establishment which was not located
within the city limits.
Affirmed.
h Trade Regulation ~:=16, 32
Trade name may be descriptive of place
of business and may include place where
business is located or conducted, and gener-
ally geographical names are regarded as
common property and cannot be exclusively
appropriated, especially when article to
which it is applied is product of place dcsig-
mated.
2. Trade Regulation ~:~491
In absence of allegations that city of
Coral Gables would suffer from allegedly
deceptive use or that it would be victim of
unfair competition, it could not enjoin use
of "Coral Gables" by corporate convales.
cent home which was not operated within
Edward L Semple aid 'William M. Bur-
ton, Jr., Miami, for appellant.
Levy, Leventhal & Goldstcin, No. Miami
Beach, for appellee.
Be/ore PEARSON, TILLMAN, C. J'.,
and HORTON and BARKDULL, j'J'.
PEARSON, TILLMAN, Chief ~'udge.
The City of Coral Gables brought a com-
plaint seeking an lei.unction to require thc
Coral Gables Convalescent Home, Ins., a
Florida corporation, to cease using the
words "Coral Gables" in its name. Thc
basis of the action was the contention that
the name "Coral Gables' belongs to the City
of Coral Gables and the businesses located
within its corporate limits; whereas thc
defendant corporation maintains no place
of business in the city. The trial judge
dismissed the action at the close of the plain-
tiffs evidence and the City has appealed.
We affirm.
The position of the City of Coral Gables
appears to be without precedent in the cases
brought to our attention, but that is not a
justification for refusal to examine the
pr!nciples of law which it says are applica-
ble. We must determine whether it is rea-
sonable and prudent to extend the principles
which are often invoked to protect trade and
business names in order to protect a citr
from the use of a part of its corporate name
by a business in no way connected with it
and not located within its boundaries.
CROWN LIFE INSURANCE C0. v. LUZ~tU~.GA y GA,B,A.Y Fla.
[I] We take it as established in Florida
that a trade name may be descriptive of the
business and may include the name of the
place where the business is located or con-
ducted. In this connection, the general rule
is that geographical names are regarded as
common property, and a trade name of this
tpye usually cannot be exclusively appropri-
ated, especially when the article to which
it is applied is the product of the place desig-
nated. Addison v. Hook, 91 Fla. 337, 107
So. 623, Surf Club v. Tatem Surf Club, Inc.,
151 Fla. 406, 10 So.2d 554.
The complaint of the City of Coral Gables
which was dismissed failed to allege facts
from which it could be concluded that the
City will suffer from the allegedly deceptive
use, or that it will be the victim oi unfair
competition.
Affirmed.
[2] This rule would support the decree
if it were applicable; but the City contends
that because the Coral Gables Convalescent
Home is not within its geographical limits,
such rule is inapplicable. We do not find
it necessary to decide this question because
we hold that the City has no standing to
enjoin the use of the corporate name "Coral
Gables Coovalesccnt Home, Inc."
In Sun Coast, Inc. v. Shupe, Fla.1951,
52 So.2d 805, the Supreme Court at~irmed a
decree dismissing a complaint wherein Sun
Coast, Inc. sought to enjoin the use of the
trade name "Suncoast Properties." In so
doing the court, speaking through Mr.
Justice Thomas, reasoned as follows:
"We cannot see how the public could
be deceived by appellees' use of the
title 'Suncoast' when there is no simi-
larity in the businesses of the parties.
In the case we have cited, and formerly
approved, EFederal Securities Co. v.
Federal Securities Corporation, 129 Or.
375, 2?6 P. 1100, 1107, 66 A.L.R. 934],
it was said that 'the courts interfere
solely to prevent deception.' '[P]rima-
rily,' thought the court, 'it is not the
name which is protected, but the busi-
ness * * *.' Further, the circum-
stances must lead to the conclusion that
the business of the first user will suffer
from the deceptive use, or that by rea-
son of unfair competition there will be
an imposition on the public."
CROWN LIFE INSURANCE COMPANY,
Appellant,
Ramon LUZARRAGA Y GARAY, Appellee.
No. 61-457,
District Court of Appeal of Florida.
Third District.
March 12, 1962.
Suit for declaratory decree. The Cir-
cuit Court for Dade County, Irving Cypen,
J'., entered order denying defendant's motion
to dismiss the complaint, and the defendant
took an interlocutory appeal. The District
Court of Appeal, Pearson, Tillman, .C.J.,
held that complaint for declaratory decree
whether policyholder, a Cuban national re-
siding in United States, had right to cash
surrender value of policy delivered by Ca-
nadian insurer in Cuba, whether policy-
holder was entitled to payment in United
States dollars and if so the amount, pre-
sented a proper subject for relief.
Affirmed.
I. Insurance
Service of process on insurance' com-
missioner, in policyholder's suit for de-
claratory decree that he had right to cash
surrender value of policy was su~Scient to
EDWARD
Wm ss & P.A.
ATTORNEYS AT LAW
;~(~65 SOUTH BAY~:HORE DRIVE
SUITE ~O4
NIA~t, FLORIDA ~13~
May 9, 1996
881B EAST LAS OLAS BOLJL[VARD
SUITE 710
VIA FACSIMILE AND U.S. MAIL
Mitchell J. Olin, Esq.
Schatzman & Shupack, P.A.
Suite 2250
International Place
100 Southeast Second Street
Miami, FL 33131-2125
Re: Jiffy Lube Non-Use Variance for Signs
Hearing No. 96-4-19 (95-627)
Dear Mr. Olin:
Your request for deferral of the above-referenced item was
presented to the City Council of the City of Aventura at the May 7,
1996 City Council meeting. The City Council was willing to defer
the item until the May 21, 1996 City Council meeting. However,
since the meeting ended before 9 p.m. on May 7, 1996 (the specific
time for which the item had been previously continued to), the
matter requires a new notification pursuant to Section 33-310 of
the Metropolitan Dade County Zoning Code, as made applicable by
City Charter Section 8.03 and Ordinance No. 96-01. Therefore, the
matter will be renoticed for 6 p.m. on Tuesday, June 18, 1996, to
be heard along with other zoning matters scheduled before the City
Council at such time. Please contact Diane O'Quinn Williams at the
County Department of Planning, Development and Regulation to
arrange for the payment of the necessary notification and
advertising expenses.
Please call me if you have any questions on the above.
DMW\tms\ 328001
CC:
Very truly yours,
David M. Wolpin
Honorable Mayor and Councilmembers
Ms. Diane O'Quinn Williams
Stephen J. Helfman, Esq.
PAGING NETWORK OF MIAMI
City of Aventura
c/o Raymond Leightman
Managing Executive Vice President
Northern Trust Bank
3001 Aventura, Florida 33180
Re: City of Aventura Utility Tax
Dear Mr. Leighlman:
Please be advised that all municipal taxes imposed within the city of Aventura for the billing pe-
riod of April 1996 have already been remitted to unincorporated Dade. Remittance was made on May 1,
1996 in the form of check #3394, in the amount of $24,428.09. (Amount represents payment for all mu-
nicipalities payable to Metro Dade County). Your certified letter dated 5/1/96 wasn't received until
5/6/96 after the remittance had been mailed.
Future remittance for all utility taxes originating from within the City of Aventura will be made di-
rectly to the City of Aventura commencing with the collection period of the month of May 1996.
Please advise if there are any concerns in reference to our compliance to your requirements.
Very Truly yours,
Accounting M an~g'er
JL\TaxAventura
cc: Mr. Gregor Blaise, District Controller
Mr. David Wolpin, Attorney at Law
6100 BLUE LAGOON DRIVE / SUITE 300 / MIAMI, FL 33126 2087
(305) 267-4600 / FAX (305) 267-5493
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTOR IZA
WEISS SEROT.t ~: HELFMAN, P.A.
ATTORNEYS AT LAW
:=665 SOUTH BAYSHORE DR~VE
SUITE :~04
MIAMI~ FLORIDA 33133
May 10, 1996
BROWARD OFFICE
8B8 EAST LAS OLAS BOULEVARD
SUITE 7]0
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (305) 763-1189
VIA FACSIMILE AND U.S. MAIL
Mr. Dan Palmer
Miller Publishing
6796 SW 62nd Avenue
South Miami, Florida 33143
Re: City of Aventura
Dear Dan:
At the request of the Aventura City Council, please publish
the following notices:
TO RESIDENTS OF THE CITY OF AVENTURA
AND OTHER INTERESTED PARTIES:
The address of the Aventura City Hall
is as follows:
2750 NE 187th Street
Aventura, Florida 33180
Telephone Number: 305-933-1504
Anyone interested in volunteering for or
submitting suggestions to the Beautification
Committee of the City of Aventura should do so
by providing them to:
Councilmember Arthur Berger
c/o Aventura City Hall
2750 NE 187th Street
Aventura, Florida 33180
Should you have any questions regarding the above ads, please
contact me. Thank you for your assistance to the City of Aventura.
RJW\tms\328001
CC:
c(erely'
Honorable Mayor and Council
6796 SW 62nd Avenue / South Miami, FL 33143, RO. Box 43-1970 / South Miami, FL 33243-1970
(305) 669-7355 / Fax: (305) 661-0954
HAY 10, 1996
RICHARD WEISS
WEISS, SEROTA & HELFMAN
2665 SO. BAYSHORE DR. #204
MIAMI, FLA 33133
IN RE: LEGAL ADVERTISING FOR THE CITY OF AVENTURA
DEAR MR. WEISS,
AS PER OUR PHONE CONVERSATION, THIS IS HOW WE CAN
PROVIDE LEGAL ADVERTISING SERVICE FOR THE CITY OF AVENTURA, AS WE
HAVE FOR OTHER CITIES.
SINCE THE CITY COUNCIL OF AVENTURA MEETS ON TUESDAYS,
WE COULD PUT THE REQUIRED 1ST READINGS IN EITHER THE THURSDAY OR
MONDAY NORTHERN COMMUNITY NEWSPAPERS OF NORTH MIAMI
BEACH, NORTH MIAMI, NORTH BAY VILLAGE AND HIALEAH. IF NECESSARY WE
COULD PROVIDE SPACE IN THE SOUTHERN PAPERS ALSO. WE WOULD FOLLOW
WITH THE FRIDAY LEGAL PAPER AND THE FOLLOWING WEDNESDAY'S AVENTURA
PAPER. THE NORTH MIAMI BEACH NEWS HAS BEEN DISTRIBUTED IN THE AVENTURA
AREA FOR THE PAST 15 YEARS, AND QUALIFIES LEGALLY UNDER STATE GUIDELINES.
OUR PRICE FOR LEGAL ADS FOR CITIES IS 13.50 PER COLUM~
INCH. THE AVERAGE SINGLE ORDINANCE FITS A 3 X 3 SIZE AD WHICH EQUALS
$121.50. IF THERE IS MORE THAN ONE ORDINANCE, THE ADS CAN BE PIGGY
BACKED IN ONE AD, FOR VERY LITTLE ADDITIONAL COST.
IT IS OUR INTENTION TO COOPERATE FULLY WITH THE CITY
OF AVENTURA AND PROVIDE WHATEVER SERVICE WE CAN. PLEASE CALL ME IF
YOU HAVE ANY QUESTIONS.
SINCERELY,
DAN PALMER
NEWSPAPERS: Aventura News, Coral Gables News, Community Newspaper, Hialeah/Opa..Iocka News, North Bay Village News, North Miami Beach News, North Miami News, South
Dade News, South Miami News, lhe Kendall News Gazette. SPECIALTY GUIDES: Auto Show Guide, Boat Show & Sailboat Show Guide, Car Care Guide, Dade County Youth Fair
Guide, Education Guide, Grand Prix Guide, Home Show Guide, Hurricane Preparedness Guide, Miami Menu Guide. MAGAZINES: Pet Care Magazine, Kid Care Magazine
TRDOE PUULICATIDNS: Florida Automotive Newspaper, Health Care People.
HONORABLE MAYOR AND COUCIL
CITY OF AVENTURA
RE: Application for Appropriate Assignment as volunteer to the City of Aventura
William W. Heiberger
EDUCATION
University of Alabama
Brooklyn Law School LLB
Brooklyn Law School LLM
ADMITTED~O PRACTICE
United States Supreme Court
United States District Courts, Eastern and Southern District of New York
All Courts of the State of New York
PROFESSIONAL ASSOCIATIONS (Presently retired)
Director of New York State Trial Lawyers Association
Vice-Presidnet of NACCA, presently known as American Trial Lawyers Association
Associate Editor of American Trial Lawyers Association Law Review
Member of Budget Committee, American Trial Lawyers Association
Co-Founder of Roscoe Pound Foundation of American Trial Lawyers Association
Member of American Bar Association
Member of The Society of Medical Jurisprudence
OTHER ACTIVITIES
Member and Trustee ofNer Tamid Society New York Fire Department
Legal Advisor of Net Tamid Society
Honorary Deputy Chief, New York Fire Department to
President of New York State Honorary Fire Chiefs
Former General Chairman, Trial Lawyers Division, United Jewish Appeal
Former Treasurer, Trial Lawyer's Division, Federation of Jewish Philanthrphy
Member B'nai Brith
Member World Jewish Congress
Member American Israel Public Affairs Committee
Member Anti Defamation League
Member Simon Wiesenthal Center
Former President of Commodore Plaza Condominium Association
Former President of Eldorado Towers Condominium Association
Former Board Member of Coronado Condominium Association
Founder in 1975 of the Joint Council of Aventura,
Consultant and advisor to Preident Leonard Brenner and the Board of Directors of Jooint Council
VERIFICATION OF STATEMENTS OF QUALIFICATIONS AND ABOVE BACKGROUND
AVAILABLE UPON REQUEST