Ordinance 011-2010
Commissioner Wigington
ORDINANCE NO.
011 - 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER
2, PROVIDING FOR REGISTRATION OF REPRESENTATION OF
OTHERS BEFORE BOARD OF COUNTY COMMISSIONERS,
PLANNING COMMISSION AND OTHERS OF LOBBYING
ACTMTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the operation of an open and responsible government requires the full
opportunity of the people to seek redress of grievances and to express their opinions on executive
and legislative actions; and
WHEREAS, it is important to the integrity of the governmental process that the citizens be
informed of: or have accessible information regarding, efforts to influence legislative and
executive actions; and
WHEREAS, public disclosure of the persons and entities represented by those who seek to
influence governmental action is essential to citizens' confidence in the integrity of their local
government; and
WHEREAS, persons who appear before the Board of County Commissioners, Planning
Commission, Contractors Examining Board and many of the advisory boards to the Board of
County Commissioners may, from time to time, omit to disclose in identifying themselves to the
public body that they represent interests other than their own person interests; and
WHEREAS, there is an intent to require registry of every person who attempts to influence
legislative and administrative decision-making of governmental entities for the benefit of a person
or entity other than themselves in order to more fully inform the citizens as to the persons or
entities for whom the benefits are being sought;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following
definitions:
Board means the Monroe County Board of County Commissioners.
Compensation means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee,
retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a
principal for any lobbying activity.
Lobbying Registry
Page 1 of 5 Pages
Commissioner Wigington
County means Monroe County, Florida.
County chairman and County mayor are interchangeable terms which mean the Chairman of the
Monroe County Board of County Commissioners.
County office means any governmental office staffed by employees under the authority of the
Board of County Commissioners.
Development permit means the same as this term is defined in F .8. ~ 163.3164.
Expenditure means the same as this term is defined in F.S. ~ 112.3215.
Lobbyist means any person, partnership, corporation or other business entity that lobbies on
behalf of a principal. Lobbyist does not mean a County or other government official employee or
any other person affiliated with any government while acting in his or her official capacity. Any
person who only appears in his or her individual capacity for the purpose of self-representation
without compensation or reimbursement, or other personal benefit, to express support of or
opposition to any item, shall not be required to register as a lobbyist.
Planning Commission means the local planning agency, as further described m the land
development regulations of the Monroe County Code.
Principal means the person, partnership, joint venture, trust, association, corporation,
governmental entity or other entity which has contracted for, employed, retained or otherwise
engaged the services of a lobbyist.
SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to
read as follows:
Lobbying means seeking, on behalf of another person or entity, to influence the Board,
Contractors Examining Board, Planning Commission or any advisory body with respect to a
decision in the area of policy or procurement or an attempt to obtain the goodwill of a County
official or employee.
"Lobbies" also means influencing or attempting to influence, on behalf of another, the Board's
action or non-action through oral or written communication or an attempt to obtain the goodwill
of a member or employee of the Board of County Commissioners or any board or council under
their authority.
Lobbying Registry
Page 2 of 5 Pages
Commissioner Wigington
SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be
created to read as follows:
2-154. Registration and Re-registration of Lobbyists.
a) All lobbyists shall register and re-register with the County Administrator's Office at
the times specified in this article and on the forms prescribed from time to time by the County
Administrator.
(b) The forms prescribed for the registration and re-registration of lobbyists shall require,
at a minimum, the following information and State under oath:
(1) The lobbyist's name and business address;
(2) The name and business address of each principal represented;
(3) The specific areas of the principal's governmental interest;
(4) Where the principal is a corporation or association, the name of the chief
executive officer of the corporation or association;
(5) Where the principal is a general partnership or joint venture, the names of all
partners;
(6) Where the principal is a limited partnership, the name of the general partner or
partners;
(7) Where the principal is a trust, the names of all trustees and beneficiaries;
(8) Where the principal is a partnership, joint venture, corporation, association,
trust or nongovernmental entity other than a natural person, the names of all
natural persons holding, directly or indirectly, a five (5) percent or more
ownership interest in the entity; and
(9) Disclosure of any business, professional or familial relationship that the
lobbyist or any employee of the lobbyist may have with any county officer or
county employee.
( c ) The County Administrator or his designee shall post the Registry to the County
website on a quarterly basis reflecting registrations which have been filed in accordance with this
ordinance.
(d) All lobbyists shall register with the County Administrator or his designee within five
(5) business days of being retained as a lobbyist, before engaging in any lobbying activities,
whichever shall come first, and re-register prior to January first of each year. Lobbying prior to
registration is prohIbited. Each lobbyist who ceases lobbying for a particular principal shall file a
written notice of withdrawal.
( e) County employees shall be diligent to ascertain whether persons required to register
pursuant to this section have complied. Employees of a County office many not knowingly permit
a person who is not registered pursuant to this section to lobby the employees of that office.
Lobbying Registry
Page 3 of 5 Pages
Commissioner Wigington
(f) Upon discovery of violations of this section, any person may file a sworn complaint
with the County Administrator.
(g) Investigation of violations; penalties; validity of actions.
(1) The County Attorney or County Administrator, or their designee, shall be
informed by any County employee or officer who knows of any person
engaged in lobbying activities who has failed to comply with the registration
reporting requirements of this article and, in each such instance, shall conduct
such investigation as he or she shall deem necessary under the circumstances.
The results of each investigation shall be reported to the Board.
(2) After determination of a first violation of registration requirements, the Board
may warn, reprimand or censure the violator or may suspend or prohtbit the
violator from appearing on behalf of any principal before the Board or any
County advisory body or from otherwise lobbying for any principal in any
fashion for a period of time; provided, however, that any suspension or
prohibition may not exceed a period of two (2) years, and no sanction shall be
imposed unless the lobbyist allegedly in violation has been afforded reasonable
notice and an opportunity to be heard. After determination of a subsequent
violation, the Board shall suspend or prohibit the violator from appearing on
behalf of any principal before the Board or any County advisory body or from
otherwise lobbying for any principal in any fashion for a period of time;
provided, however, that any suspension or prohibition may not exceed a period
of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly
in violation has been afforded reasonable notice and an opportunity to be
heard. The penalties provided in this subsection shall be the exclusive penalties
imposed for violations of the registration requirements of this article. The
failure or refusal of any lobbyist to comply with any order of the Board
suspending or prohibiting the lobbyist from lobbying shall be punishable as
provided by law and shall otherwise be subject to such civil remedies as the
County may pursue, including injunctive reliet:
(3) The Board of County Commissioners may void any action or contract entered
into in connection with a procurement matter where the County chairman, one
or more County commissioners, or a member of the pertinent procurement
committee has been lobbied in violation of the registration reporting
requirements.
(h) 'This section shall sunset on November 30, 2010.
Lobbying Registry
Page 4 of 5 Pages
Commissioner Wigington
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof: other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION S. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the code.
SECTION s. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of April, 2010.
MayorSylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
Yes
Yes
Yes
Yes
Yes
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
ByI6M{L!Jo~
Deputy Clerk
Mayor/Chairperson
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Lobbying Registry
Page 5 of 5 Pages
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 330,tO
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
April 22, 2010
Ms. Liz Clo'ud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 700914100001 67602451
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 011-2010 amending Monroe
County Cod.e Chapter 2, Providing for Registration of Representation of Others before Board of
County Conunissioners, Planning Commission and Others of Lobbying Activities; Providing for
severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances, and Providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on April 21, 2010. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D. C.
cc: Via e-mail
Municipal Code Corporation
Board of County Commissioners
County Administrator
County Attorney
Division Directors - via Deputy County Administrator
FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (CODRS)
CODING FORM
Instructions: Florida's Department of State, Bureau of Administrative Code has developed the
County Ordinance Data Retrieval System (COORS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. COORS' data base is composed of over 25,000 county
ordinances enacted since 1974.
We request your cooperation in completing this coding form. It is to be completed whenever
your county enacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form properly, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)245-6270 or Suncom 205-6270.
COUNTY: MONROE
PRIMARY KEYFIELD
DESCRIPTOR: (LOBBYING ACTIVITIES)
SECONDARY KEYFIELD
DESCRIPTOR: (ETHICS/ELECTED OFFICIALS)
OTHER KEYFIELD
DESCRIPTOR: (ETHICS/APPOINTED OFFICIALS)
ORDINANCE DESCRIPTION: (REQUIRING REGISTRATION OF REPRESENTATION OF OTHERS
BEFORE BOCC AND OTHER COUNTY BOARDS. COMMISSIONS)
COUNTY ORDINANCE # 011- 2010
ORDINANCES AMENDED: (List below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
AMENDMENT #1: Sec. 2-148. MCC
AMENDMENT #2: Sec. 2-154. MCC
AMENDMENT #3:
AMENDMENT #4:
ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.)
REPEAL # 1.: REPEAL # 3:
REPEAL # 2:: REPEAL # 4:
(Others repealed: List all that apply):
(FOR OFFICE USE ONLY):
COUNTY CODE NUMBER: (_ _ _ _ _ _ _)
KEYFIELD 1 CODE: (____________)
KEYFIELD 2 CODE: (_ _ _ _ _ _ _ _ _ _ _ _)
KEYFIELD 3 CODE: (
)
Rev. 4/10/01
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 27, 2010
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated April 22, 2010 and certified copy of Monroe County Ordinance No. 011-2010, which was
filed in this office on April 26, 2010.
Sincerely,
rlYo
Liz Cloud
Program Administrator
LeI srd
DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
Page 1 of2
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Wednesday, May 05,20102:52 PM
Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 3
Greetings from Municipal Code Corporation.
Below you will find the ordinances we have currently recorded to your account. These ordinances will
be codified in your next update, Supplement 3
Document Adopted Date Recorded Recorded Format
Ordinance No. 030-2009 8/16/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 031-2009 8/19/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 036-2009 11/18/2009 12/16/2009 Hard Copy
Ordinance No. 038-2009 12/16/2009 1/19/2010 Hard Copy
Ordinance No. 001-2010 1/20/2010 2/5/2010 Hard Copy/Electronic
Ordinance No. 033-2009 10/21/2009 2/5/2010 Hard Copy/Electronic
Resolution No. 018-2010 1/20/2010 2/12/2010 Hard Copy/Electronic
Ordinance No. 004-2010 2/17/2010 3/5/2010 Hard Copy/Electronic
Ordinance No. 037-2010 12/16/2009 3/9/2010 E-Mail
Ordinance No. 009-2010 3/17/2010 4/1/2010 Hard Copy/Electronic
Ordinance No. 010-2010 3/17/2010 4/1/2010 Hard Copy/Electronic
Ordinance No. 011-2010 4/21/2010 4/26/2010 Hard Copy/Electronic
Ordinance No. 012-2010 4/21/2010 5/5/2010 Hard Copy/Electronic
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You can also d€reGO GREENd€D
and reduce the
number of supplement copies you
receIve or
Update the internet version of your
Code
more often than a printed
supplement.
We can post newly enacted
ordinances
in the online Code after each
5/5/2010
SENDER: COMPLETE THIS SECTION
. l~omplete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. IPrint your name and address on the reverse
:50 that we can return the card to you.
. l\ttach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
"'rogram Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronaugh Street
-rallahassee, Florida 32399-0250
Ore/. -=# (J1/-2.CJ/O
COMPLETE THIS SECTION ON DELIVERY
A. Signature
o Agent
o Addressee
C. Date of Delivery
x
B. Received by ( Printed Name)
D. Is delivery address different
If YES. enter .
~,t.
3. Service Type
)&CertIfied Mail [J Express Mall
o Registered [J Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted DeliverY? (Extra Fee) 0 Yes
7009 1410 0001 67r, bO 2451
102595-o2-M-1540
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
Domestic Return Receipt
7009 1410 0001 6760 2451
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