a major miami beach developer's irregular lobbyist registration

8/10/2019 A Major Miami Beach Developer's Irregular Lobbyist Registration

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MIAMI MIRROR – TRUE REFLECTIONS

Page

1 of 3

26 November 2014

Rafael Granado, Esq.

CITY CLERK

City of Miami Beach

via email

Re: Scott Robins & Lobbyist Registration Irregularities

Dear Sir:

I have discovered three lobbyist registration irregularities during my cursory research into the

affairs of prominent public figure Scott Robins:

Date: 13 September 2010

Lobbyist: Scott Robins, Developer

Principal: Scott Robins Companies (SRC Properties LLC)Issue: Sunset Harbour Parking Garage

Lobbied: City Commission

Violation: Failure to identify person(s) who hold 5% of more interest in principal

Date: 12 February 2012

Lobbyist: Michael W. Larkin, Attorney

Principal: Bay Road Partners, LLC

Issue: Parking District for Sunset Harbour Neighborhood

Lobbied: UndisclosedViolation: Failure to identify person(s) who hold 5% of more interest in principal. Failure to

disclose officials lobbied.

Date: 1 March 2013

Lobbyist: Les P. Bellison, Architect

Principal: Espanola Way Associates Ltd.

Issue: Downsize hotel rooms at 405-419(b) Espanola Way

Lobbied: Board of Adjustment

Violation: Failure to identify person(s) who hold 5% of more interest in principal.

As you know, the failure to identify persons who hold a 5% or more interest in principals lobbied

for is a fundamental therefore most serious violation of Sec.2-482 (c) of the Miami Beach Code

of Ordinances. The Preamble of Enabling Ordinance 92-2777 clearly states the intention of the

legislation:



MIAMI MIRROR – TRUE REFLECTIONS

Page

3 of 3

Commissioner Ed Tobin did reveal that he had a conflict of interest in the Tremont Towing

property on Bay Road because his firm represented Scott Robins Companies, also his campaign

fund contributor. The county ethics commission, after the investigator reduced the charges to

violating the cone of silence in respect to bidding, dismissed case C08-32 with a patronizing

letter instructing officials to seek its advice before doing things that might generate complaints.

It should not just be assumed that Scott Robins owns 100% of every entity lobbied for. It should

be sworn to under penalties of perjury. For all we know, Mr. Tobin or some other deciding

official may have owned either directly or indirectly an interest in the Robin’s firms that were

involved in the development of the Sunset Harbour neighborhood. As a matter of fact, Mr.

Robins, in a press report on the Sunset Harbour deal with the city, said that Philip Levine “is my

partner in everything.” (Miami Magazine, ‘Astute Awakening’, October 24, 2012)

All this is intended to illustrate the gravity of the disclosure requirement, and not suggest any

lack of integrity on the part of Mr. Tobin, for whom the commission waived an ethics

requirement so he could realize his lifelong dream of being a police officer.

I certainly do not question the personal integrity of contractor/developer Scott Robins, who is

publicly heralded as a foremost savior of South Beach’s dilapidated historic structures, and

lauded as a most generous philanthropist, a virtuous and diplomatic gentleman of exceeding

integrity.

Nor do I question the integrity of the lawyer and the architect who lobbied for the sake of Mr.

Robins’ interests in business entities that shield him from personal liability.

No, the issue here is not Scott Robins et al, but due process of law, that the city’s officials,

including city clerks, should be most diligent in seeing that everyone, even Scott Robins and his

architects and lawyers, comply with the ordinance, which provides, in part, that the city clerk

may report violations to the county ethics commission for investigation and prosecution.

I do question the integrity of the city government in hopes that my questions will help integrate

the words of its legislation with its deeds. To that end I thank you for your excellent service, and

wish you a Happy Thanksgiving,

Very truly yours,

David Arthur Walters

Cc

Raul Aguila, City Attorney, City of Miami Beach

Nelson Bellido, Chairman, Joe Centorino, Director

Miami-Dade Commission on Ethics and Public Trust



IV. DISCLOSURE OF TERMS AND AMOUNTS OF LOBBYIST COMPENSATION (DISCLOSE WHETHER

HOURLY

FLAT

RATE

OR OTHER :

A) LOBBYIST DISCLOSURE (Required)

o

B) PRINCIPAL'S DISCLOSURE (OF LOBBYIST COMPENSATION):

(Required).

--:- ~ : r

The following

information

must be answered:

1)

Pursuant to Miami Beach City Code Section

2-488

Entitled Prohibited Campaign Contributions By Lobbyists

On Procurement Issues :

DYes ment

or services or on a

2) Pursuant to Miami Beach City Code 2-490 Entit led Prohibited Campaign Contributions ByLobbyists On

Real Estate Development Issues : .

3)

Pursuant to Miami Beach City Code 2-484 (h) Any person (except those exempt from the definition of

lobbyist as set forth in Section

2-481

above) who only appears as a representative of a not-for-profit

corporation or entity without special compensation or reimbursement for the appearance, whether direct,

or

indirect, to express support of or opposition to any item, shall register with the clerk as required by this

section but, shall not be required to pay any registration fees.

Yes ensation

or

V. SIGNATURE

UNDER OATH:

ON OCTOBER 1

ST

OF EACH YEAR, EACH LOBBYIST SHALL SUBMIT TO THE CITY CLERK A SIGNED

STATEMENT UNDER OATH. LISTING LOBBYING EXPENDITURES, AS WELL AS' COMPENSATION

RECEIVED, IN THE CITY OF MIAMI BEACH FOR THE PRECEDING CALENDAR YEAR. A STATEMENT SHALL

BE FILED EVEN IF THERE HAVE BEEN NO EXPE PENSATION DURING THE REPORTING

PERIOD.

I

do solemnly swear

t h a t ~ ~ ~ ~ ~ ~ t s

are true and correct and that

I

have read or am familiar with the

provisions contained in S(; ami Beach-City Code and all reporting requirements.

Signature of Principal/Client: _ = ~ s = _

ISABEL SATCHELL

MY

COMMISSION 00 8 989

EXPIRES:Aprt113 2 13

l l o l \ C l ~ Thru

Notary Public Underwrite

o Personally known (P

SIGNATURE AND'STAMP OF NOTARY:

o Personally known

Lobbyist)

~ ~ 1 LOBBYIST IDENTIFICATION: PRINCIPAL IDENTIFICATION:

)El

Produced I D r 1 L ~ R / 5 ~ 7 8 ~ - 3 - 3 3 b - O ~ p r o d u c ~ f l ~ t , 1 1 5 ~

: ~ ; J

3 - 3 3 - )

~ Form of Identification Form of Identification

TO

BE

COMPLETED

BY

CITY CLERK'S STAFF ONLY

Annual

Registration

fee: [ ] Yes

[.....-i

0

Amount

Paid

- -

MCR, Date Paid

Lobbyist Registration

Form received and verified by:

- : tAMe

J 9 . d c 1 l e . : i = - 7 ~ ' 7 - - - -

F: \CLER

\ ALL \ a F O R M S \ L O B B Y ~ ~ T FORMS\Lobbyist

Registration Form 2010.doc

Revised

5_ 2 1



;

V\IA V\JBEACH

City of Miami each

1700

Convention CenterDrive Miami Beach Florida

33139

www.miamibeachfLgov

CITY CLERK Office

Tel: 305 673 7411 Fax: 305 673 7254

CityClerk@miamibeachfl gov

Acknowledgement

of fines/suspension

from lobbying

for

failure to

comply with City of Miami Beach lobbying Laws

LOBBYIST

NAME:

<

f

f

6

f

/

r

I understand that no later than October 1stof each

year

lobbyists subject to lobbyist

registration requirements shall submit to the city clerk a signed statement under oath

listing all lobbying expenditures as well as compensation received for the preceding

calendar year with regard to the specific issue on which the lobbyist has been engaged

to lobby. A statement shall be filed even if there have been no expenditures or

compensation during the reporting period. The statement shall list in detail each

expenditure by category including food and beverage entertainment research

communication media advertising publications travel lodging and special events.

FAILURE

TO

TIMELY FILE THE EXPENDITURE AND F DISCLOSURE REPORT

WILL RESULT INA

FINE

OF 50.00

PER DAY

ANY LOBBYIST WHO

FAILS

TO FILE THE REQUIRED EXPENDITURE REPORT BY DECEMBER 1 SHALL

AUTOMATICALLY BE SUSPENDED FROM

LOBBYING

UNTIL

ALL FINES

ARE

PAID UNLESS THE

FINE HAS BEEN APPEALED

TO THE MIAMI DADE COUNTY

COMMISSION ON ETHICS AND PUBLIC TRUST. In the event a lobbyist fails to

either file the report

and/or

pay the assessed fines the Clerk shall

notify

the Miami Dade

County Commission on thicsand Public Trust

IN

ADDITION ONCE AN

ISSUE

I HAVE

REGISTERED

TO LOBBY ON HAS

BEEN RESOLVED I AM

REQUIRED

TO IMMEDIATELY NOTIFY THE

CITY

CLERK S OFFI BBYIST WITHDRAWAL IN WRITING.

Signature:



MIAM

IBEACH

City of Miami Beach Office of the City Clerk

1700 Convention Center Drive, Miami Beach, FL 33139

LOBBYIST

R GISTR TION FORM

Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat

or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of the

City Manager or any city board or committee; or any action, decision or recommendation of any city personnel during the time

period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed

by the city commission, or a city board or committee. The term specifically includes the principal as well as any employee eng ge

lobbying activities. The

term Lobbyists

has specif ic

exclusions.

Please refer to Ordinance 2004-3435.

NAMEOF LOBBYIST

Larkin

(Last)

Michael

(First)

(M. )

Bercow, Radell & Fernandez, P.A.

BUSINESS NAMEAND

ADDRESS

200 S. BiscayneBlvd., Suite 850

(Number and Street)

Miami Florida

(City) (State)

33131

(Zip Code)

305 377-6231

TELEPHONE NUMBER

I

LOBBYIST

RETAINED BY:

Scott Robins

NAMEOF PRINCIPAL/CLIENT:

305 377-6222

FAXNUMBER

[email protected]

EMAIL:

Bay Road Partners. LLC

BUSINESS NAMEAND ADDRESS

305 674-0600 X309

230 Fifth Street

(Number and Street)

305 674-0619

Miami Beach

(City)

Florida

(State)

33139

(Zip Code)

[email protected]

TELEPHONE NUMBER FAXNUMBER (Optional)

EMAIL: (Optional)

Fill out this section i f principal is a Corporation, Partnership

or Trust

[Section

2-482

c »

• NAMEOF CHIEF OFFICER

PARTNER

OR BENEFICIARY

• IDENTIFY ALL

PERSONS

HOLDING,

DIRECTLY

ORINDIRECTLY, A 5% OR MORE

OWNERSHIP INTEREST

IN SUCH

CORPORATION PARTNERSHIP

ORTRUST:

I I

SPECIFIC LOBBY ISSUE:

Proposed Parking District for Sunset Harbor Neighborhood

Issue to be lobbied (Describe in detail):

i

CITY

AGENCIES/INDIVIDUALS

TO BE LOBBIED:

rn

co

::p

rn

.:: ;

,11

B) Any Financial, Familial

or

Professional Rela §ns t i ;

A) Full Name of Individual/Title

n

u:>

-

.-

Planning Department Staff, City Administration

None

G

C

'

Mayor and City Commission

None

Planning Board members

None

* Unless an Issue Is legislative Innature, HPB BOA Planning Board, andCity

Commission

members arenot lobbied outside of a public hearing setting.



IV. DISCLOSURE OF TERMS AND AMOUNTS OF LOBBYIST COMPENSATION DISCLOSEWHETHER

HOURLY

FL TR T OR OTHER :

445.00

) LOBBYIST DISCLOSURE: (Required) ---- / =..

'-'- '

_

B) PRINCIPAL S DISCLOSURE OF LOBBYIST

COMPENSATION)

:

R e q u i r e d ) . ,

. £ 4 4

I : . . 5

~ O D l O _

The following information

must

be answered:

1) Pursuant to Miami BeachCity CodeSection 2-488 Entitled Prohibited Campaign Contributions By Lobbyists

On Procurement Issues :

D Yes X No: Are you lobbying on a present or pending bid fo r goods. equipment or services. or on a

present

or

pending

award fo r

goods.

equipment

or

service?

2) Pursuant to Miami Beach City Code 2-490 Entitled Prohibited Campaign Contributions By Lobbyists On Real

Estate Development Issues :

DYes X No: Are you lobbying on a pending application fo r a Deyelopment Agreement with the City or

application fo r

change

of

zoning

map designation

or change

to the City s Future

Land Use

i Rl

3) Pursuant to Miami Beach City Code 2-484 (h) Any person (except those exempt from the defini tion of

lobbyist as set forth in Section 2-481 above) who only appears as a representative of a not-for-profit

corporation or entity without special compensation or reimbursement for the appearance, whether direct, or

indirect, to express support of or opposition to any item, shall register with the clerk as required by this

section but, shall

not

be required to pay any registration fees..

DYes X No: Are you representing a

not-for-profit corporation or entity without

special compensation

or reimbursement.

V. SIGNATURE UNDER OATH:

- - C •

Form

of Ident

ification

Signature f Publi tary - State of Florida

Notarization of Principal s signature

State of Florida, County of Miami-Dade

SwornAE.dsubscr

jbe

before me

ThisL2 da of \ 2012

n Produced ID _

known

(Principal)

o

Produced ID _

ON OCTOBER 1

ST

OF

EACH

YEAR,

EACH

LOBBYIST SHALL SUBMIT TO THE CITY CLERK A SIGNED

STATEMENT UNDER OATH, LISTING LOBBYING EXPENDITURES, AS WELL AS COMPENSATION

RECEIVED,

IN

THE CITY OF

MIAMI

BEACH FOR THE PRECEDING CALENDAR YEAR. A STATEMENT

SHALL BE FILED

EVEN IF

THERE HAVE

BEEN

NO EXPENDITURES OR COMPENSATION DURING THE

REPORTING PERIOD.

/1/1/

()\;

of Lobbyist

I do solemnly swear that all of the foregoing facts are true and correct and that I have read or am

familiar with the provisions contained in Secti 2-482 of the Miami Beach City Code and all reporting

requirements.

Signature of Lobbyist:

Signature of Principal/Client: - ~ £ - - - ; : : = = ; : ; ; ~ - - : ' T ) - - ; - - ; ~ - - - ; c - - - f r .

Form of Identification

XPersonally known (Lobbyist)

VII.

SIGNATURE AND STAMP OF NOTARY:

VI. LOBBYIST IDENTIFICATION:

Signa re of P Notary - State of Florida

Notarization of Lobbyist s signature

Revised 12/08/04

,< 1 :;

l z

.

FOR C L E R ~ S USEONLY lei?

Annual Reg

istration fee: [ ] Yes [ J No Amount Paid -l3? MCR

.

Date

Paid

Lobby

ist

Registration

Form received

and

verified

by:

Entered

By:

:... .

~

--- -

F:\Cl ER\ ALL\MARA-M\Lobbyist\LOBBYIST fORM OS.doc



City of Miami Beach. 700

Conve nlicn

Center Drive. Miomi Beoch. Florido 33

j

39. www .micmibeochll.gov

r rv

ClERK OHce

Tel: 305 .673 .7..

HI

• Fe : 3 5 673 7254

LOBBYIST N ME MI H EL W. L RKIN

CityClerk

iomibeachfl.gov

I understand that no later than ebru ry 8thof e ch year I mustfile the following form pursuant

to Section 2- 485 of the M ia mi Beach City Code with the City Clerk s Offic e for all active lobbying

issues

.

lobbyist Expenditure and Compensation Form

Failure to file these forms on a timely basis wil l result in

my

nome being transmit1ed to the Miami-Dade

County Commission on thi s and for code violation evaluation .

In addition once an

issue

I have registered to lobby on has been resolved I am required to

immediately notify the City Clerk s Office of lobbyist withdrawal in writing.

Signature :

Date:



LA/V\IBE CH

City of Miami Beach Office of the City Clerk

1700 Convention Center Drive, Miami Beach, FL 33139

LOBBYIST REGISTRATION FORM

Please notify this

offi e

your ont t inform tion changes: address phone or e rnaiJaddress.

EMAIL: (Optional)

(City)

FAX NUMBER: (Optional)

(Number and Street)

TELEPHONE NUMBER:

~ L N E s s

~

ANp

ADDRESS

J 6

J-- 6 7 7

Fill out this section if principal is a Corporation, Partnership or Trust [Section 2-482 (c)]

• NAME OF CHIEF OFFICER. PARTNER, OR BENEFICIARY:

S

IDENTIFY ALL PERSONS HOLDING. DIRECTLY OR INDIRECTLY, A 5 OR MORE OWNERSHIP INTEREST INSUCH CORPORATION.

PARTNERSHIP OR TRUST:

III. ITY GEN IESIINDI\ifDU LS TO BE LO IED

... . . - .

Pursuant to City Code Section 2-482(a)(4) include the commissioner or personnel sought to be lobbied, and whether the lobbyist has entered

i nto any contractual relationship (paid or unpaid)

with

said

city

commissioner or personnel from 12 months preceding such person s

commencement of service

with

the ci to the present date, s ta ting the general nature of the subject contractual relationshi

Sec 2-482(a){4} Full Name of Individual and Contractual Relationship (Explain) YES

NO

title of p rson to be I bbied

Pursuant to City Code Section 2-482(g) Every registrant shall be required to state the extent of any business, financial, familial or professional

relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or city personnel who is

sought

to be lobbied as identified on the lobbyist registration form filed. 1 J } l \

-

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Formrevised 5-30-2012.doc



IV. DISCL.OSURE OF TERMS AND AMOUNTS OF LOBBYIST COMPENSATION (DISCLOSE WHETHER HOURLY, FL TR T OR

OTHER

A) L O B B Y I S T D I S C L O S U R E : R e q U i r e d ) ~ ~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

B) PRINCIPAL S DISCLOSURE (OFLOBBYISTCOMPENSATION):1. r V7/}_

(REQUIRED), _

The

following infonnation must

be answered:

1) Pursuant to Miami Beach City Code Section 2-488 Entitled Prohibited CampaignContributions By Lobbyists OnProcurement

Issues :

_ Yes

~

No: Are you lobby ing on a present or pending bid

fo r

goods, equipment or services, or on a present or pending

award for goods. equipment or service? .

2) Pursuantto Miami Beach CitYCodeSecfion2-490 Entitled Prohibited CampaignContributions By Lobbyists OnRealEstate

Development

Issues :

_ _ _ _

\ I

yes

_No: Are you lobbying a pending application for a Development Agreement with the City or application for

J change of zoning map designation or change to the City s Future Land Use Map?

3) Pursuant to Miami Beach City Code Section 2-482 (h) Any person (except those exempt from the definition of lobbyist as set

forth in Section 2-481 above) who only appears as a representative of a not-for-profit corporation or entity without special

compensation or reimbursement for the appearance, whether direct, or indirect, to express support of or opposition to any

\

tem

shall register with the clerk as required by this section but, shall not be requirec to pay any registrationfees.

_

~

No: Are you representing a not for profit corporation or entity without special compensation or reimbursement.

V. SIGNATURE UNDER OATH:

ON FEBRUARY 28 OF EACH YEAR. EACH LOBBYIST SHALL SUBMIT TO THE CITY CLERK A SIGNED STATEMENT UNDER

OATH. LISTING LOBBYING EXPENDITURES. AS WELL AS COMPENSATION RECEIVED. IN THE CITY OF MIAMI BEACH FOR

THE PRECEDING CALENDAR YEAR. A STATEMENT SHALL BE FI ED EVEN IF THERE HAVE BEEN NO EXPENDITURES OR

COMPENSATION DURING THE REPORTING PERIOD.

Signatureof Lobbyist

Produced 10_FL bg eR 5» L , ~ ~ 1

Formof Identification

_ Personally known (Principal)

Personally

known (Lobbyist)

VI. LOBBYIST IDENTIFICATION:

OProduced

ID F , J fg veitS L l ~ ~ ~

/ - Form of Identification

ing facts are true and correct and that I have read or am familiar with the provisionscontaine

. ode and all reporting requirements, -

:t Ct\E\l.

~ { : - _ ; ; ; - - - ~ S j \ . : a E . L S ~ 008798

~ ~ _ ~ ~ ~ ~ ~ _ ~ { ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C ~ ~ ~ 1 3 ~ ~

_ ~ . ~ .*-:

;.

_ PIRE.S-.I\pn b\\C\ ll\de

;:,\;,,,:

..

§

E u

1 Iota i

\ \1

~ _ \ ~ \ : i > ~ ~ ~ t / f \ d e ~

Signature of

Prtnclpal/Client;

,

.

; \ ~ ~ y ~

PRINCIPAL IDENTIFICATION:

VII. SIGNATURE AND STAMP OF NOTARY:

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Formrevised5-30-2012.doc



listration

Form.doc

\ \

I

lv

t E

ity of Miami Beach 1700 Convention Center Drive, Miami Beach,Florida

33139

www.miamibeachA.goy

evised

04 27 2012

CITY

CLERK

Office

Rafael

E

Granado,CityClerk

Tel:

305.673.7411

, Fax:

305.673.7254

CityClerk@miamibeachfl gov

LOBBYISTNAME:

_

---- ---- - --_---- --- ---- _

I understand that no later than February 28

of

each year, I must file the following form,

pursuant to Section 2-485 of the Miami Beach City Code, with the City Clerk s Office fo r

all active lobbying issues.

1) LOBBYIST EXPENDITURE AND COMPENSATION FORM

Failure to file these forms on a timely basis wil l

result

in my name being transmitted to

the Miami-Dade County Commission on Ethics and fo r code violation evaluation.

In addition, once an issue I have registered to lobby on has been resolved, or I am no

longer lobbying on that issue or f or t ha t principal, I am required to immediately notify

he City Clerk s Office of lobbyist withdrawal in writing.

Pursuant to Section 2-485 (d), the City Clerk shall notify any lobbyist (or principal) who

fails to timely file a Statement and in addition to any other penalties which may be

imposed as provided in Section 2-485.1, a fine

of

50.00 a day shall be assessed fo r all

Statement(s) filed

after

the due date. The City Clerk shall notify the Miami-Dade

County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal)

to file the Statement

or

pay the assessed fines

after

notification.

Any lobbyist, wh o fails to file the required Statement by April 30th, 2012, shall be

automatically suspended

from

lobbying until all fines ar e paid, unless the fine has been

appealed to e

Miamd

ommission on

b l ~ ~ U ~

Signature: Date:

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Formrevised 5-30-2012.doc

a major miami beach developer's irregular lobbyist registration

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