§ 2-308. Lobbying.

(a)

Definitions. For the purposes of this section, 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 Hialeah Gardens, including all elected and appointed officials, employees and persons acting on behalf of the agency.

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.

Lobbyist does not mean:

(1)

A city employee when acting in his official capacity.

(2)

Any person, or its full-time employee, officer or owner who appears before the city council, city board or committee, 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, action, recommendation or decision of any city board; or any resolution, action, recommendation or decision or recommendation of the mayor.

Person includes individual, firms, associations, joint ventures, general and limited partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(b)

Registration of lobbyist. Commencing 15 days after the effective date of this section and continuing thereafter, all lobbyists shall, before engaging in any lobbying activities, register with the city clerk.

(c)

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 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.

(d)

Filing and disclosure of annual expenditures. Commencing on April 1, 2003 and on January 1 of each year thereafter, all lobbyists registered pursuant to this section 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.

(e)

Penalties for violation; cumulative in nature.

(1)

Whenever a violation of this section exists, the city council may publicly reprimand, censure, and/or prohibit such lobbyist before the agency for a period of up to but not to exceed two years.

(2)

The penalties provided herein are cumulative in nature. Nothing contained in this section shall prevent the agency from pursuing any other remedies available to the agency under the agency's code and/or Florida law for the enforcement of its ordinances.

(f)

Public records. All registration forms and annual disclosure statements required by this section shall be public records subject to inspection and examination as provided for in section 119.07 of the Florida Statutes.

(g)

Lobbyist registration fee. An annual lobbyist registration fee in the amount of $25.00 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 section.

(Ord. No. 2003-12, 4-1-03)