97-05 ORDINANCE NO. 97-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
REPEALING SECTION 2-11.1(s) OF THE METROPOLITAN
DADE COUNTY CODE; ENACTING REGULATIONS
GOVERNING LOBBYING ACTIVITIES IN THE CITY; PROVIDING
DEFINITIONS; REQUIRING REGISTRATION OF LOBBYISTS;
PROVIDING FOR REGISTRATION FORMS; REQUIRING FILING
AND DISCLOSURE OF ANNUAL EXPENDITURES;
PRESCRIBING PENALTIES FOR VIOLATION; PROVIDING A
LOBBYIST REGISTRATION FEE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to require lobbyists to register with the City
and to disclose publicly their lobbying activities within the City; and
WHEREAS, numerous municipalities throughout the State have recently enacted
lobbyist registration and disclosure regulations; and
WHEREAS, the City Council finds that such regulation of lobbyists will assist in
promoting and maintaining the integrity of municipal government; and
WHEREAS, the City Council finds that such regulation of lobbyists will protect
and serve the best interests of the citizens of Aventura;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
.Section 1. Definitions. For the purposes of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense shall include future
tense, words in the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall" is always mandatory
and not merely directory,
Ordinance No. 97-05
Page 2
(A) "Agency" means the City of Aventura, including all elected and appointed
officials, employees and persons acting on behalf of the Agency.
(B) "Lobbyist" means any person who, for compensation or remuneration,
direct or indirect, seeks to influence the governmental decision making of the Agency or
seeks to encourage the passage, defeat or modification of any ordinance, resolution,
contract, bid award, proposal, recommendation, action or decision of the Agency.
(C) Lobbyist does not mean:
i. a City employee when acting in his official capacity;
ii. any person who appears before the City Council, City Board or
committee, or the City Manager or staff in an individual capacity for the
purpose of self-representation or for the representation of others
without compensation or reimbursement to express support of or in
opposition to any ordinance, resolution, decision or action of the City
Council; or any resolution, action, recommendation or decision of any
City Board, agency or committee, or any action, decision or
recommendation of the City Manager.
(D) "Person" includes individuals, firms, associations, joint ventures, general
and limited partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations, and all other groups or combinations.
Ordinance No. 97-05
Page 3
Section 2. Re.qistration of Lobbyist. Commencing fifteen (15) days after the
effective date of this Ordinance and continuing thereafter, all Lobbyists shall, before
engaging in any lobbying activities, register with the City Clerk.
Section 3. Re.qistration Forms. Every Person required to register as a Lobbyist
shall do so on forms prepared by the City Clerk and shall state under oath his or her
name, business address, the name and business address of each Person which has
employed said registrant to lobby and the specific issue on which he or she has been
employed to lobby. Separate registrations shall be required for each specific issue and
for each employer.
Section 4. Filin,q and Disclosure of Annual Expenditures. Commencing on
March 1, 1997, and on January 1 of each year thereafter, all Lobbyists registered
pursuant to this Ordinance shall submit to the City Clerk a signed statement under oath
listing all lobbying expenditures for the preceding calendar year. A statement shall be
filed even if there have been no expenditures during the reporting period. Annual
statements shall be required until such time as the Lobbyist files a notice of withdrawal
of lobbying activities with the City Clerk.
Section 5. Penalties for Violation; Cumulative in Nature.
A. Whenever a violation of this Ordinance exists, the City Council may publicly
reprimand, censure, and/or prohibit such Lobbyist from lobbying before the Agency for
a period of up to but not to exceed two (2) years.
Ordinance No. 97-05
Page 4
B. The penalties provided herein are cumulative in nature. Nothing
contained in this Ordinance shall prevent the Agency from pursuing any other remedies
available to the Agency under the Agency's Code and/or Florida taw for the
enforcement of its ordinances.
Section 6. Public Records. Alt registration forms and annual disclosure
statements required by this Ordinance shall be public records subject to inspection and
examination as provided for in section 119.07 of the Florida Statutes.
Section 7. Lobbyist Registration Fee. An annual Lobbyist Registration Fee in
the amount of $100 per calendar year for each Lobbyist shall be paid to the City Clerk
at the time the Lobbyist files a registration form. This fee is necessary to cover the
administrative expenditures required by this Ordinance.
Section 8. Severability. The sections, paragraphs, sentences, clauses, and
phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional or is
otherwise held invalid by a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect the remaining phrases, clauses, sentences, paragraphs and
sections of this Ordinance.
.Section 9. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be
Ordinance No. 97-05
Page $
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "section" or other appropriate word.
Section 10. Repeal. The provisions of Section 2-11.1(s) of the Metropolitan
Dade County Code concerning the same subject matter as this Ordinance are hereby
repealed.
Section 11. Effective Date. This Ordinance shall be effective immediately upon
passage by the City Council on second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Councilmember
Holzberg, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Councilmember
Beskin, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
Ordinance No. 97-05
Page 6
PASSED AND ADOPTED on first reading this 21st day of January, 1997.
PASSED AND ADOPTED on second rea~th d~f F~b/~u/ary, 1997.
AI~I~UR I. SI~YDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI'T'~ATTORNI~Y
Ems/tms