7448-05
ORDINANCE NO. 7448-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LOBBYISTS; AMENDING ARTICLE VIII, CHAPTER 2,
CODE OF ORDINANCES TO AMEND DEFINITIONS AND
REQUIREMENTS FOR LOBBYISTS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Code regarding lobbyists is currently inconsistent with the Pinellas
County Code; and
WHEREAS, it is in the best interests of the City to promote consistency for ease of
interpretation of Code requirements; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article VIII, Chapter 2, Code of Ordinances is hereby amended as follows:
ARTICLE VIII. REGISTRATION OF LOBBYISTS
Sec. 2.700. Definitions.
[For the purposes of this article, certain terms shall have the meanings ascribed to them in this
section, unless the context clearly indicates otherwise.]
Compensation means any payment received or to be received by a lobbyist for the performance
of lobbyinq activities. The compensation is a fee, salary, retainer, forbearance, forqiveness or
any combination thereof.
B03rds me:::ms the pl::mning 3nd zoning bO::lrd, the municip::l1 code onforcement bO:Jrd, the
design review bO:Jrd :Jnd the development code adjustment board.
Commissioners mean the mayor and members of the city commission.
Compons3tion means ::my p::lyment received or to be received by a lobbyist for the performance
of lobbying activities whether the compensation is as a fee, retainer, forbear:Jnce, forgiveness or
other form of v:Jluable recompense or ::lny combin:Jtion thereof.
Consuft3nt shall me:Jn ::my consult:Jnts, other th:Jn :Jttorneys, hired by the city.
Expenditure means a payment, distribution, loan, advance, reimbursement, deposit or anythinq
of value made by a lobbyist or a principal for the purpose of lobbyinq an advance, conveY:Jnce,
deposit, distribution, transfer of funds, IO::ln, p::lyment, pledge or subscription of :Jnything of
v::llue, :Jnd::lny contr:Jct, promise or other oblig:Jtion whether or not leg:Jlly enforce:Jble, to m:Jke
:In expenditure.
Government employes me:Jns all agents of the government, 'Nhether elected or appointed, paid
or unpaid, hired or under contr:Jct :JS :J consultant or as an :Jttorney who are acting on beh:Jlf of
the United St::ltes, the St::lte of Florid:J, its :Jgencies, politic:J1 subdivisions, speci::ll districts and
municipalities.
Lobbying means meetinQ privatelv with a member of the City Council, for the purpose of
encouraQinQ the passaQe, defeat or modification of any item pendinQ before the City Council
oral communication with a member of the commission, a board or consultant, for the purpose of
attempting to influence action or inaction of any commissioner, any board member or consultant
for the purpose of encouraging tho paccago, defeat or modification of any proposal or
recommendation.
Lobbyist means any person who for receivec compensation enQaQes in 10bbvinQ as defined in
this article to act on behalf of an individual, firm, association, businesc or organization to lobby.
,A, lobbyist specifically includes the principal as '.veil as any agent, attorney, officer or employee
of the principal regardless of INhether such lobbying activity falls in the normal scope of the
employment of such agent, attorney, officer or employee.
Principal means the person, firm, corporation or other entity which has retained or employed a
lobbvist any person providing compensation to a lobbyist in concideration of his performance of
lobbying activitioc regmdlocc of tho teohnical or logal form of the relationship bet'l.'~en the
principal and the lobbyist.
Sec.. 2.701. Registration.
Alllobbvists shall siQn in, at the time of the 10bbvinQ. in a notebook for that purpose in the City
Council reception area. Annuallv, they shall also reQister on a reQistrv of lobbvists maintained
and available for public inspection in the Office of Records and LeQislative Services, on or
before January 1 of each year followinQ the 10bbvinQ activity. The lobbvist shall provide his or
her name, business address, the name and business address of each principal represented, the
Qeneral and specific areas of leQislative intent, and the nature and extent of any direct business
association or partnership with any current member of the Council. The City Clerk shall provide
forms on which the lobbvists may supply the aforesaid information.
In the event any 10bbvinQ meetinQ as defined herein occurs outside of City offices in Clearwater,
the lobbvist shall reQister on or before Januarv 1 of each year followinQ the 10bbvinQ activity.
(a) All lobbyists shall register '.'lith the city clerk before engaging in ~my lobbying activities
when practical; or \Nithin tlNO working days after engaging in any lobbying activities.
Every person required to register shall register on forms provided by the clerk and state
under oath:
(1) His or her namo and businocs address;
(2) The. name and business address of each person or entity that has employed said
lobbyist to lobby;
(3) The chief officer, partners or beneficiaries of the corporation, partnership or trust, which
has employed the lobbyist to lobby;
(1) The persons sought to be lobbied; and
(5) The specific issue on which he or she has been employed to lobby.
(b) A separate registration shall be required for each specific issue.
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Ordinance No. 7448-05
(c) Any change to any information originally filed shall require that the lobbyist file ::m
:3mendment to the registr3tion form. The lobbyist h:3s :3 continuing duty to supply
information 3nd amend the forms filed throughout the period in 'Nhich the lobbying
occurs.
Sec. 2.702. Reserved.
Sec. 2.703. Statement of lobbying expenditures.
On April 1, 1997, 3nd on April 1 of each ye3r there3fter, the...A lobbyist shall annuallv on or
before Januarv 1 of each year submit to the city clerk a signed statement under oath listing all
lobbying expenditures for the preceding calendar year, the source of the funds and an
itemization as to the amount expended for each councilmember commissioner, board member
3nd consult3nt bv each reqistered lobbvist. The statement shall be made on forms provided bv
the City Clerk A st3tement Sh311 be filed e'Jen if there .....36 no expenditure during 3 reporting
~.
The City Clerk shall maintain the expenditure statements in a book or file which shall be open
for public inspection. On Januarv 1 of each year, the Clerk shall notify any reQistered lobbvist
who has failed to file the required report. Anv lobbvist who has further failed to file bv Februarv
1. in additions to any other penaltv provided for herein, shall not be permitted to rereqister as a
lobbvist or to enqaqe in any further lobbvinq activities.
Sec. 2.7Q4. Reporting by clerk.
The clerk sh311 publish 3 log quarterly :3nd :3nnu:3l1y reflecting the lobbyist registr:3tions that h:3ve
been filed in accord3nce \Nith this 3rticle. The clerk sh:311 publish a report 3nnu311y reflecting the
lobbyist expenditures that have been filed in accord3nce with this :3rticle.
Sec. 1-.-7052.704. Exceptions Exemptions.
(a) The following persons shall not be required to register:
(1) An elected official or government employee acting in his official capacity or in connection
with his job responsibilities or 3S authorized or permitted to lobby pursu3nt to
collective b3rg3ining 3greement.
(2) A person who appears at the specific request or under compulsion of the council
commission, board or stoff member;
(3) Expert witnesses or other persons who give testimony about a particular matter or
measure but do not advocate passage or defeat the matter or measure or any
amendment thereto.
(4) Any person who appears at a public hearing or administrative proceeding or quasi-
judicial proceeding before the Ceity Council commission, any board or st3ff
member and has no other communication on the matter or subject of the public
hearing, administrative hearing or quasi-judicial proceeding.
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Ordinance No. 7448-05
(5) Any person in contractual privity with the city who appears only in his or her official
capacity.
(b) This article shall not apply to discussion or negotiations on matters in litigation.
Sec. 2.706. Violations.
(a) A first violation of the provisions of this article shall result in the issuance of a warning by
the city attorney's office. The penalties for subsequent violations are as provided in
section 1.12 of the Code of Ordinances of the City of Clearwater.
(b) The validity of any action or determination of the commission, bonrd or st3ff shall not be
affected by the failure of any person to comply with the provisions of this article.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
July 21, 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 4, 2005
-LtIt,L I~
~nk V. Hibbard '
Mayor
Approved as to form:
J1 K. Akin
City Attorney
Attest:
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Ordinance No. 7448-05