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Lobbyist Registration FAQ
No individual may engage in lobbying activity within the City of Homestead without first registering with the City Clerk.
Which City Code Section addresses the issue of lobbying?
City Code Section 2-590 incorporates Miami-Dade Code at Section 2-11.1(s) into the City Code and requires persons or entities employed or retained by a principal seeking to influence official City action to register as Lobbyists with the City Clerk.
The City Clerk may be contacted at:
100 Civic Court
Homestead, FL 33030
Phone: 305-224-4442
Who is a Lobbyist?
- All persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modification of:
- Any Ordinance, Resolution, action, or decision of the City Council
- Any action, decision, or recommendation of the Mayor or any City Board or Committee
- Any action, decision, or recommendation of City personnel that will be reviewed by the City Council, Board, or Committee
- Note: This section applies to the time period of the entire decision-making process on such action, decision, or recommendation, which foreseeably will be reviewed by the City Council, Board, or Committee.
- A Lobbyist includes a principal who lobbies or any employee, person(s), or firm(s) retained by a principal on either a paid or unpaid basis whose scope of employment includes lobbying activities.
- Lobbying activities include all types of communication, whether a face-to-face meeting, telephone conversation, or email exchange.
Registration
Lobbyist Registration Form (PDF)
Registration Fees
The fee, payable to the City for registration of each lobbyist for the representation of each principal of the lobbyist, shall be $250 per principal represented, and the fee, payable to the City for annual lobbyist registration for each lobbyist, shall be $250.
Yes. The Miami-Dade Board of County Commissioners adopted legislation that requires persons or entities employed or retained by a principal seeking to influence official County or Municipal action to register as a lobbyist with the County Clerk of the Board or the respective City Clerk within 5 business days of being retained or before engaging in lobbying activities, whichever comes first.
- A principal of a corporation must register if he or she is lobbying. Note: A principal who lobbies on behalf of his or her organization must register, but is exempt from paying the registration fee.
- An employee who lobbies is required to register as a lobbyist and pay the required registration fee (see exception noted below).
- Architects are lobbyists when engaged in activities intended to influence government decisions, except if appearing at quasi-judicial meetings or performing routine administrative functions on behalf of their clients.
- Plan Expediters are lobbyists if they seek to circumvent established departmental procedures in order to persuade officials to take a particular course of action.
- Attorneys are lobbyists if they are meeting with City personnel during the procurement process unless the communication is strictly limited to legal matters and not intended to influence the decision.
- Representatives of non-profit or charitable organizations and trade associations appearing on matters other than grant funding
- A principal of any corporation, partnership, or other entity appearing without special compensation or reimbursement
- Any person who appears as part of an oral presentation team before a City certification, evaluation, selection, technical review or similar Committee does not register as a lobbyist but must be listed on an affidavit which must be filed with the City Clerk at the time the proposal is submitted.
- Note: Any other communication (other than process or procedure) regarding an RFQ, RFP, bid with City officials or staff, or presentation before the City Council, City Board, or City Committee requires lobbyist registration.
- The President of a corporation
- The Owner, President, or Chief Shareholder of a corporation or an individual who has been designated or who has the apparent authority to make final decisions on behalf of the corporate entity who is engaged in lobbying activities as defined above
- A member of the Corporate Board engaged in lobbying who has been appointed by the Corporation to serve as its representative during negotiations or lobbying activities
No, a principal of any corporation, partnership, or other entity does not have to pay a registration fee when he or she is representing his or her own entity.
- Any person appearing in his or her individual capacity
- Attorneys or other representatives appearing at publicly noticed quasi-judicial proceedings where ex-parte communications are prohibited
- Expert witnesses at public meetings
- Unpaid representatives of not-for-profit community-based organizations only seeking grant funding
- Representatives of non-profit or charitable organizations and trade associations appearing on matters other than grant funding must register as a lobbyist but do not pay the lobbyist registration fee.
- Employees of principals whose normal scope of employment does not include lobbying activities
- Individuals simply gather information
- Individuals performing routine administrative functions for a client
- Existing vendors who are servicing existing contracts or providing technical assistance after the product has been purchased
- “Meet and greet” discussions of ideas for possible future proposals, prior to submission of any such proposal to the City, and prior to any City solicitation or bid
- A public officer, employee, or appointee appearing in his or her official capacity
- Union representatives who are City employees but released from duty to tend to Union affairs before the City
- Under the City Code, the City Council may publicly reprimand, censure, and/or prohibit such lobbyists from lobbying before the City for a period up to but not to exceed 2 years. In addition, the City may pursue any other remedies available to the City under the City’s Code and/or state law for the enforcement of its Ordinances.
- Under 2-11.1(s)(9) of the Miami-Dade Conflict of Interest and Code of Ethics Ordinance, failure to register may result in a finding by the Miami-Dade Commission on Ethics to suspend a Lobbyist from lobbying.
- 90 days, 1st violation
- 1 year, 2nd violation
- 5 years, 3rd violation
- A bidder or proposer may be subject to debarment after 3 or more violations.
- The Contract in question is voidable.
- Individuals are subject to other penalties prescribed in the Miami-Dade Conflict of Interest and Code of Ethics Ordinance.
Reporting
- Yes, even if there have been no expenditures during the reporting period.
- Lobbyists must file an annual Lobbyist expenditure report form (PDF).
The completed form must be mailed by July 1st of the preceding year and must be mailed to:
Office of the City Clerk
100 Civic Court
Homestead, FL 33030
County Code Section 2-11.1(s)(6)(b)
- $50 fine per day per client
- Failing to file by September 1st will result in suspension from lobbying activities until fines are paid or an appeal is filed with the Ethics Commission.
- Yes, lobbyists or principals may appeal a fine and request a hearing before the Ethics Commission within 15 days of receipt of notification.
- The Ethics Commission may waive the fine in whole or in part.
A Notice of Withdrawal form (PDF) must be submitted to the City Clerk’s office upon the conclusion of the lobbyist’s representation of each principal.
Contingency Fee Prohibitions
“Contingency fee” means a fee, bonus, commission, or non-monetary benefit as compensation that is dependent, on, or in any way contingent, on the passage, defeat, or modification of an Ordinance, Resolution, action, or decision.
- No person may, in whole or in part, pay, give, or agree to pay or give a contingency fee for another person.
- No person may agree to receive a contingency fee.
- Attorneys who represent a client in a legal dispute with the City on a contingency fee basis
- Traditional sales commission payments for sales representatives
- Developers who pay for neighborhood improvements as part of a settlement with an Association (when the fee is being paid to a third party, not to the lobbyist representing the developer)
Two-Year Rule
- Former City employees may work for City vendors and serve as Principals of companies as long as they do not lobby the City for two years after leaving City employment.
- Lobbying by former City officials or employees includes communications intended to influence a City decision even when that decision will not be reviewed by a City Commission, Board, or Committee.
- The two-year period begins when the City employee has officially separated from the City.
- The County Ethics Commission has opined that:
- A former employee who was stripped of decision-making authority, and took leave before formally separating from County, was still considered an employee while on leave.
Exception to the Two-Year Rule
- If a former employee becomes employed by and is representing, a non-profit organization or sitting on a non-profit board
- If a former City employee becomes employed by and is representing, a governmental entity other than the City
- If a former employee becomes employed by and is representing, an educational institution or entity