Who is a Lobbyist?
A lobbyist is any person who, on behalf of another, seeks to encourage or persuade the passage, defeat or modification of any item by conveying information and opinion to a final decision-making body.
When should a lobbyist register with the City?
A Lobbyist must register with the City Clerk’s Office before engaging in lobbying activities.
Where can forms be obtained?
Registration forms are available in the City Clerk’s Office and can be downloaded and filled-up online.
What information will a lobbyist be asked to provide?
Every person required to register as a Lobbyist will be asked to provide information relating to his or her name, business address, the name and business address of each person, on whose behalf lobbying will be performed, and the subject matters that lobbyist will seek to influence. Separate registrations shall be required for each specific issue and for each employer.
Should a lobbyist file and disclose their annual expenditures?
All lobbyists registered 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 the Lobbyist files a notice of withdrawal of lobbying activities with the City Clerk.
What are the penalties for violation?
Whenever a violation exists, the City Commission 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.
Is there a registration fee?
An annual Lobbyist Registration Fee in the amount of $100 for each Lobbyist shall be paid to the City Clerk at the time the Lobbyist files a registration form. Make checks payable to the City of Miramar. This fee is necessary to cover the administrative expenditures required.
Who is not required to register as a lobbyist?
- City employees who are acting in their own capacity.
- Individuals or organizations who communicate with the City for the purpose of self-representation.
Are registration forms and annual disclosure statements public records?
All registration forms and annual disclosure statements shall be public record, which is subject to inspection and examination as provided for in section 119.07 of the Florida Statutes.
Ordinance 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.
“Agency” means the City of Miramar including all elected and appointed officials, employees and Persons acting on behalf of the Agency.
"Lobbyist" means a person who is retained, with or without compensation, for the purpose of lobbying, or a person who is employed by another person or entity, on a full-time or part-time basis, principally to lobby on behalf of that other person or entity.
“Lobbyist” does not include a person who is:
a. An elected official, employee, or appointee of Broward County or of any municipality with Broward County communicating in his or her official capacity.
b. An individual who communicates on his or her own behalf, or on behalf of a person or entity employing the individual on a full-time or part-time basis, unless the individual is principally employed by that person or entity to lobby.
c. Any employee, officer, or board member of a homeowners' association, condominium association, or neighborhood association when addressing, in his or her capacity as an employee, officer, or board member of such association, an issue impacting the association or its members; or
d. Any employee, an officer, or a board member of a nonprofit public interest entity (e.g., Sierra Club, NAACP, ACLU) when addressing an issue impacting a constituent of that entity.
“Covered Individual” means (i) any member of the city commission of the City; (ii) any member of a final decision-making body under the jurisdiction of the city commission; (iii) any individual directly appointed to a City employment position by the city commission; (iv) any individual serving on a contractual basis as the City’s chief legal counsel (ie: City Attorney) or chief administrative officer (ie: city manager), when such individual is acting in his or her official capacity; (v) any member of a selection, evaluation, or procurement committee of the City that ranks or makes recommendations to any final decision-making authority regarding a City procurement; (vi) any employee, official, or member of a committee of the City that has authority to make a final decision regarding a public procurement; and (vii) the head of any department, division, or office of the City government who makes final recommendations to a final decision-making authority of the City regarding items that will be decided by the final decision-making authority of the City.
“Elected Official” means any member of the city commission of the City.
Registration of lobbyist
Commencing fifteen (15) days after the effective date of this article and continuing thereafter, all lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Registration 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 such 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.
(Ord. No. 92-40, § 3, 8-3-92)
Filing and disclosure of annual expenditures
Commencing on January 1, 1993, and on January 1 of each year thereafter, all lobbyists registered pursuant to this article 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.
Penalties for violation; cumulative in nature
(a) Whenever a violation of this article exists, the city commission 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.
(b) The penalties provided herein are cumulative in nature. Nothing contained in this article shall prevent the agency from pursuing any other remedies available to the agency under the agency's code and/or state law for the enforcement of its ordinances.
Public records
All registration forms and annual disclosure statements required by this article shall be public records subject to inspection and examination as provided for in F.S. section 119.07.
Lobbyist registration fee
An annual lobbyist registration fee in the amount of one hundred dollars ($100.00) 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 article.
