Who is a Lobbyist?
A lobbyist is any person who for compensation seeks to encourage the passage, defeat or modification of legislations by conveying information and opinion to legislators.
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, also 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 or for the representation of others without compensation or reimbursement.
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 article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words 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 any person who, for compensation, 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.
"Lobbyist" does not mean:
(1) A city employee when acting in his official capacity.
(2) Any person who appears before the city commission, 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 commission; or any resolution, action, recommendation or decision of any city board, agency or committee, or any action, decision or recommendation of the city manager.
Person includes individuals, firms, associations, joint ventures, general and limited partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations.
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.
