2012-27902 Reso RESOLUTION NO. 2012-27902
A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER SECTION 5.03 OF THE MIAMI BEACH CITY CHARTER
SHOULD BE AMENDED TO ALLOW THE CITY COMMISSION TO
INCREASE, UP TO AN ADDITIONAL ONE PERCENT (1%), THE
RESORT TAX ON ROOM RENT,WITH SUCH INCREASE TO BE USED
SOLELY FOR PURPOSES OF EXPANDING, ENLARGING,
RENOVATING, AND/OR IMPROVING THE MIAMI BEACH
CONVENTION CENTER, INCLUDING THE PAYMENT OF DEBT
SERVICE RELATED THERETO,AND PROVIDING THAT ANY EXCESS
OF SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR
PAYMENT OF ANNUAL DEBT SERVICE AND RELATED
OBLIGATIONS, TO ESTABLISH A CAPITAL RENEWAL AND
REPLACEMENT FUND FOR THE CENTER
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held in the
City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 14, 2012, for the
purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with acceptance of the certification of the results of said Special
Election to be performed by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have
been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established by
the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the
polling places and the voting precincts in which the official registration books show that the said
electors reside.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive,
First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter
registration centers and during such times as may be provided by the Supervisor of Elections of
Miami-Dade County. Each person desiring to become a registered voter shall be responsible for
properly filling out the registration form and returning it to the Miami-Dade County Elections Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made in accordance with the provisions of§150.031 and §100.342, Florida Statutes, and
Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M.
ON THE 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT PORTION
OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW THE
COMMISSION TO INCREASE, UP TO ONE PERCENT,THE RESORT TAX
ON ROOM RENT, TO EXPAND, ENLARGE, RENOVATE, AND/OR
IMPROVE THE CONVENTION CENTER, INCLUDING PAYMENT OF DEBT
SERVICE RELATED THERETO,AND PROVIDING THAT THE EXCESS OF
SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR PAYMENT
OF ANNUAL DEBT SERVICE AND RELATED OBLIGATIONS, TO
ESTABLISH A CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE
CENTER?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on August 14, 2012,
hereby called, shall be in substantially the following form, to-wit:
2
"OFFICIAL BALLOT"
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT PORTION
OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW THE
COMMISSION TO INCREASE, UP TO ONE PERCENT,THE RESORT TAX
ON ROOM RENT, TO EXPAND, ENLARGE, RENOVATE, AND/OR
IMPROVE THE CONVENTION CENTER, INCLUDING PAYMENT OF DEBT
SERVICE RELATED THERETO,AND PROVIDING THAT THE EXCESS OF
SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR PAYMENT
OF ANNUAL DEBT SERVICE AND RELATED OBLIGATIONS, TO
ESTABLISH A CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE
CENTER?
YES
NO
SECTION 8.
That the absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee
voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement
approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of said ballot measure.
SECTION 11.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 9th day of May , 2012.
ATTEST: �1 BFI
��P •Cy
AT I HERRE B WER, MAYOR
*`.INCORP ORATED'
RAFAEL E. GRA DO, CITY C J '�a APPROVED AS TO
(Requested by Mayor Matti Herrera 6 FORM &LANGUAGE
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
AUGUST 14, 2012 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT
PORTION OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW
THE COMMISSION TO INCREASE, UP TO ONE PERCENT, THE
RESORT TAX ON ROOM RENT, TO EXPAND, ENLARGE, RENOVATE,
AND/OR IMPROVE THE CONVENTION CENTER, INCLUDING
PAYMENT OF DEBT SERVICE RELATED THERETO, AND PROVIDING
THAT THE EXCESS OF SUCH ADDITIONAL TAX BE USED, AFTER
PAYMENT OF ANNUAL DEBT SERVICE AND RELATED
OBLIGATIONS, TO ESTABLISH A CAPITAL RENEWAL AND
REPLACEMENT FUND FOR THE CENTER?
YES
NO
II. PROPOSED CHARTER TEXT:
Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and beverages.
The City of Miami Beach is authorized and shall have the right to impose, levy and
collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel, or
apartment house when the renting is for the period of occupancy for imposition of a transient
rental tax as established by F.S. § 212.03 (as amended); and upon the total sales price of all
items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of
alcoholic beverages and/or food; said tax to be paid by the person paying the rent or paying for
the food and/or alcoholic beverage herein specified, and to be collected by the person renting
said rooms or selling said food or alcoholic beverage for the use and benefit of the City. Sales or
rentals exempted by F.S. ch. 212 shall also be exempt from the tax hereby authorized. That
tThe total receipts from the above tax levy shall be kept and maintained in a separate fund and
shall in no event be transferred to the general fund, and tithe said fund shall be used for the
promotion of the tourist industry, which shall include, but not be restricted to the following..
publicity, advertising, news bureau, promotional events, convention bureau activities, capital
improvements, and the maintenance of all physical assets in connection therewith; and for the
payment of the reasonable and necessary expenses of collecting, handling, and processing of
said tax. That-t
The Commission shall have the authority and power by ordinance to determine and fix
the amount of said tax, after public hearing, not in excess of two percent (2%), except that an
additional tax of up to eaetwo percent (4-2%) (hereinafter, the Additional Tax) may be imposed,
levied and collected on the rent of every occupancy of a room or rooms in any hotel, motel, or
apartment house when the renting is for the period of occupancy for imposition of a transient
rental tax as established by F.S. § 212.03 (as amended)_, pFevided that sSuch aAdditional one
peFseRt (1%4 Tax shall be used, subject to the rights of bondholders, as follows:
a) One percent (1%) of such Additional Tax shall be used:
1.fA) fifty percent (50%) for public incentives for convention center headquarters
hotel development; and, upon retirement of all debt related thereto, to be used
as in (92) below;- and
2.(-l4 fifty percent (50%) for promotion of tourism related activities and facilities, and
developing, improving, and maintaining tourism related public facilities;
provided that &uGhthis addrt+eaal one percent (1%) of such Additional Jax shall
not be imposed until such time as the City of Miami Beach has entered into an
agreement with a developer for development of a convention center
headquarters hotel.; and
b) Subject to the passage of an ordinance by the Commission before imposing same,
up to another one percent (1%) of such Additional Tax, shall be used solely for the
purposes of expanding, enlarging renovating, and/or improving the Miami Beach
Convention Center, including payment of debt service related thereto; and provided,
further (i) that this up to one percent (1%) portion of the Additional Tax referenced in
this subsection (b) shall not be imposed until such time as the City of Miami Beach
has entered into an agreement with a developer for the expansion, enlargement,
renovation and/or improvement of the Miami Beach Convention Center; and (ii) that
the excess of this up to one percent 0%) portion of such Additional Tax may be
used, after providing for payment of annual debt service and related obligations, to
establish and maintain a capital renewal and replacement fund for improving and
maintaining the Convention Center.
The authority created pursuant to Section 8 of Chapter 67-930
shall have no right to receive any portion of such aAdditional ° Jax.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
t, RAFAEL E. GRANADO, City Clerk of City of �1 ••BF
Miami Beach, Florida, do hereby certify that
the above and foregoing is a true and correct :y
copy of the original thereof on file in this =
office. * INCORP ORATED:
WITN S�.my hand all the seal of said City Z �'' . = <0
this _> day of 1`� 67 A.D., 20 �� ..
RAFAEL E. GRANADO CH 26
City Clerk of the City Miami Be , Florida
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