Melissa Castro proposes ‘anti-kickback’ rule in Coral Gables to ban post-approval developer deals

Coral Gables Commissioner Melissa Castro wants to make sure no elected official in the city can quietly cash in on development projects they helped approve, even years later.

At the City Commission’s next meeting, Castro will introduce a proposed ordinance^[1] that would create strict new anti-kickback and disclosure rules for elected officials.

The change is necessary, she said, to close a glaring “loophole” in local ethics law.

“I feel like some elected officials will guarantee a developer that, yeah, they’re going to have the votes. Maybe they themselves will vote ‘no,’ but they’ll guarantee the project will pass. And then afterward, that’s where the arrangement comes up. I think there needs to be more transparency when it comes to those types of — I don’t want to say corruption, but it’s corruption,” Castro told Florida Politics

Under Castro’s proposal, up for consideration Oct. 28, City Commissioners and the Mayor would be barred from entering into any business, consulting or financial relationship with developers, contractors or vendors whose projects they voted on.

The ban would apply to their entire elected tenure and extend two years more after they leave office.

Officials would also face continuous disclosure standards requiring them to file sworn affidavits with the City Clerk any time they form a new business or financial relationship tied to a project approved by the Commission.

Developers, meanwhile, would be required to sign an “anti-kickback affidavit” swearing they haven’t — and won’t — offer any payment, favor or job to an elected official connected to a city approval.

False statements could result in revoked permits, canceled contracts and up to 5 years of disqualification from city business. Violations would be referred to the Miami-Dade Commission on Ethics and Public Trust^[2] (COE) and could also trigger state-level penalties under Florida’s conflict-of-interest laws^[3].

Castro is well-versed in the issue. After winning office in 2023, she sought guidance^[4] from the COE about whether her permit-expediting business could keep working for clients in Coral Gables. Its answer: Yes, but in a very limited fashion^[5].

She opted to discontinue service in the city altogether, she said, but the experience helped her see how easy it is for conflicts to arise.

“I stopped doing business in the city of Coral Gables. But just to double down on this, I can see how somebody in my business or in the construction or contracting business — whatever the case is — could be going through the same thing,” she said. “It’s definitely something we need to look into.”

Castro’s legislation follows several high-profile instances of alleged self-dealing involving city officials and real estate interests. That includes a since-dropped case^[6] against former Miami Commissioner Alex Díaz de la Portilla, who was accused of accepting $245,000 to vote for the construction of a sports facility, and the successful prosecution^[7] of former Miami-Dade Commissioner Joe Martinez over payments he received from a supermarket owner who stood to benefit from measures Martinez filed, but quickly rescinded, nearly a decade ago.

This week, Coral Gables Mayor Vince Lago — who has an antagonistic relationship with Castro and Commissioner Ariel Fernandez — requested that Miami-Dade take action against^[8] the COE over what he described as repeat errors by one of its investigators in multiple cases, including Díaz de la Portilla’s, and the independent agency’s withholding of public records.

Last month, David Suarez accused fellow Miami Beach Commissioner Laura Dominguez of pay-for-play legislation, referencing donations she received from developers and her votes at City Hall.

A Miami Beach resident has since filed state complaints^[9] against Suarez, alleging he broke the law by using the city’s official seal and government letterhead in communicating his criticism of Dominguez.