a major miami beach developer's irregular lobbyist registration
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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:
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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
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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
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;
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:
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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
mlarkin@brzoninglaw.com
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)
scott@robinscompanies.com
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.
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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
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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:
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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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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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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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