Ordinance 2007-24
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I ~t\t.~~t\\ B ORDINANCE NO. 2007.--.M
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~llO lQ't,lI AN ORDINANCE AMENDING COLLIER COUNTY
'I. 6 8 L 9~ ORDINANCE NO. 2003-53, AS AMENDED (ALSO KNOWN
AS THE COLLIER COUNTY ETHICS ORDINANCE), BY
AMENDING SECTION SEVEN TO REQUIRE LOBBYISTS
TO REGISTER QUARTERLY AND UPDATE THE NAMES
OF THOSE ENTITIES BY WHOM THEY HAVE BEEN
EMPLOYED TO LOBBY AND ALSO REQUIRING
DISCLOSURE OF THE NAME OR IDENTITY OF THOSE
EMPLOYING A LOBBYIST WHENEVER A LOBBYIST
ENGAGES IN LOBBYING ACTIVITIES; PROVIDING FOR
INCLUSION IN THE CODE OF LA WS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DA TE.
WHEREAS, the public has expressed concern that lobbyists have upon occasion faded or
refused to identify by whom they are employed; and
WHEREAS, the Board has determined that it is in the public interest that lobbyists
disclose by whom they are employed when engaging in lobbying activities;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMENT OF SECTION SEVEN OF COLLIER COUNTY
ORDINANCE NO. 2003-53, AS AMENDED
SECTION SEVEN: LOBBYIST REGISTRATION AND DISCLOSURE
REQUIREMENTS
(a) All lobbyists shall before engaging in any lobbying activities, register with the clerk
to the board located at the board minutes and records department. Every lobbyist
required to so register shall register quarterly on a calendar year basis on forms
prepared by the clerk; pay an annual nonrefundable registration fee of $25.00; and
state under oath or by written declaration in accordance with Section 92.525, Florida
Statutes, his or her name, business name and address, and the name and business
address of each person or entity that has employed said registrant to lobby, as of the
date of said registration. The registration shall be aR almual registration aRd shall Rot
require additional registration or amendment to the registration [-arm by the lobbyist
even if the lobbyist subsequently engages in lobbying for additional P&SOAS or
entities. The purpose of the registration is mer'l3ly to ideAtify the registrant as a
lobbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist,
the registrant may file a request, on a form provided by the clerk, to not be listed as a
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lobbyist. Ho',vever, pursuant to Section 112.3118, Florida Statutes, said registrant
shall continue to appear on the list of lobbyists until the expiration of the time period
set forth in said statute. In the event that the registrant neither withdraws nor re-
registers, the registrant shall be placed on a "lobbyist status unknown" list for a
period of 12 months from the expiration of the annual quarterly registration.
(b) Annuul Quarterly registration shall be required and shall initially commence on
March 22, 1999. April 2, 2007. Thereafter, aRRual quarterly registration shall occur
OR or after October 1, of each year. every three (3) months. Quarterly registration is
required regardless of whether there is any change in employers of the lobbyist. The
lobbyist may indicate "no change" if appropriate. Initial ®istration by ~ lobbyists
sfl.al.l may occur at any time during the calendar year provided that it occurs prior to
the lobbyist engaging in any lobbying activity.
(c) The registration fee required by this section shall be maintained by the clerk to the
board and shall be deposited into a separate fund to be expended for the purpose of
administering and maintaining the lobbyist registration list as well as to cover other
related costs. Lobbyists shall not be charged a fee for filing the form for removal
from the lobbyist list.
(d) The following persons shall not be required to register as lobbyists:
(1) Any public officer, employee or appointee who appears in his or her
official capacity.
(2) Law enforcement personnel conducting an investigation.
(3) Any person who only appears in his or her individual capacity for the
purpose of self-representation without compensation or reimbursement,
whether direct, indirect or contingent, to express support or opposition to
any item.
(4) Any person who only appears as a representative of a neighborhood
association without special compensations or reimbursement for their
appearance, whether direct, indirect or contingent, to express support or
opposition to any item.
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(5) Attorneys representing clients before a quasi-judicial body.
(e) The clerk to the board shall keep accurate and complete records regarding lobbyist
registration including an up-to-date list of all lobbyist registrations, lobbyists
withdrawals from the list and a "lobbyist status unknown" list.
(f) A registration form that is not renewed within twenty (20) calendar days of the end of
each quarter of the calendar year (along with payment of the $25.00 anRual
registration fee) by October 1 of each year-,-shall expire and may not thereafter be
relied upon by the lobbyist for lobbying activities. In such a case, the lobbyist must
renew his or her re~istration and pay the nonrefundable annual fee in order to
continue engaging in lobbying activities.
(g) The validity of any action or determination of the board or of any county personnel,
board or committee, shall not be affected by failure of any lobbyist to comply with
the provisions of this section.
(h) All lobbyists shall disclose and make known the name or identity of the principal(s)
by whom they are employed whenever they engage in lobbying activities as such
activities are defined in this Ordinance.
SECTION TWO: INCLUSION IN THE CODE OF LA WS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effecti ve upon filing with the Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
'1h----
County, Florida, this \"3 day of ~E+)y\._-)c
ATTEST:
Dwight E. Brock, CLERK
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BY".. .~
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Approved as to form and legal sufficiency:
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Michael W. Pettit
Chief Assistant County Attorney
h/public/bcc agendal02] 307/ord.amend to ethics ord
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
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J~HAIRMAN
This ordinance filed with the
Sc:c{J.\.a arry of Stgte;.s Office ther'?
I ~y of ~_I c9.tr-..-t-
and ackno:"ledge~~mt ~hct
fili.Qa. reF,ved th'S(,~ doy
of~rtR~l~(
OP.puty Clerk
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2007-24
Which was adopted by the Board of County Commissioners on
the 13th day of February 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th day
of February 2007.
DWIGHT E. BROC;,IC'ew' "
Clerk of Cour:tsa-ndCl~rk
Ex-officio ,r6 ~~~!2~ of i~.~
~county co~mm.iS.S....i.O. ne..~r...s....~......~f
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By:Teresa Dili~i;d,. '.'
Deputy Clerk