2012-28022 Reso RESOLUTION NO. 2012-28022
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$1,2009000 FROM FISCAL YEAR 2012/13 PEOPLE'S TRANSPORTATION
PLAN FUNDS AND $49,515 FROM FISCAL YEAR 2012/13 SOUTH BEACH
CONCURRENCY MITIGATION FUNDS, TO FUND THE OPERATING BUDGET
FOR THE SOUTH BEACH LOCAL IN MIAMI BEACH; AND FURTHER
APPROPRIATING $275,000 FROM FISCAL YEAR 2012/13 PEOPLE'S
TRANSPORTATION PLAN FUNDS FOR ADMINISTRATIVE AND TECHNICAL
OPERATING EXPENDITURES, AS PART OF THE FIVE PERCENT (5%)
ALLOWABLE FOR ADMINISTRATIVE ASSISTANCE AND TECHNICAL
ASSISTANCE.
WHEREAS, on November 5, 2002, Miami-Dade County voters approved the levying of a
one-half of one percent discretionary surtax on transactions occurring in the County that are
subject to the state tax imposed on sales, also known as the Charter County Transportation
Surtax; and
WHEREAS, twenty percent (20%) of the proceeds of this surtax are to be distributed
directly by Miami-Dade County to municipalities on a pro-rata basis and are known as People's
Transportation Plan (PTP) Funds for use on local transportation and transit projects; and
WHEREAS, the City of Miami Beach (City) entered into an Interlocal Agreement with
Miami-Dade County on August 13, 2003 in order to receive its pro-rata share of the County's
PTP Funds; and
WHEREAS, pursuant to the Interlocal Agreement, a minimum of 20% of the City's PTP
share must be allocated for transit projects; and
WHEREAS, Miami-Dade County Ordinance 02-116 authorizes five percent (5%) of PTP
funds received to be appropriated for administrative assistance and an unlimited amount for
technical assistance; and
WHEREAS, under the provisions of an Interlocal Agreement between Miami-Dade
County and the City for Provision of a Local Circulator Service, Miami-Dade Transit (MDT) has
been operating bi-directional transit circulator route service in Miami Beach known as the "South
Beach Local" (SBL)since September 25, 2005; and
WHEREAS, the total projected amount of PTP funds to be appropriated in FY 2012/13 is
$2,569,900, of which $1,475,000 is for operating expenses and $1,094,900 is for capital
projects; and
WHEREAS, the total amount of Concurrency Mitigation Funds to be appropriated in FY
2012/13 is $92,583, of which $49,515 is for operating expenses and $43,068 is for capital
projects.
WHEREAS, $1,200,000 in FY 2012/13 PTP funds, and $49,515 from FY 2012/13
Concurrency Mitigation funds have been set aside for the operating costs of the South Beach
Local in Miami Beach; and $275,000 in FY 2012/13 PTP funds have been set aside for. FY
2012/13 administrative and technical operating expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the appropriation of $1,200,000 from Fiscal Year 2012/13 People's Transportation
Plan Funds and $49,515 from Fiscal Year 2012/13 South Beach Concurrency Mitigation Funds,
to fund the Operating Budget for the South Beach Local in Miami Beach; and further
appropriating $275,000 from Fiscal Year 2012/13 People's Transportation Plan Funds for
administrative and technical operating expenditures, as part of the five percent (5%) allowable
for administrative assistance and technical assistance.
PASSED AND ADOPTED this 21+ti clay of September, 2012.
ATTEST:
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The Appropriation Of$1,200,000 From FY 2013/13 People's Transportation Plan (PTP)
Funds,And$49,515 From FY 2012/13 Concurrency Mitigation Funds To Fund The Operating Budget For The South
Beach Local (SBL); And Further Appropriating $275,000 From FY 2012/13 PTP Funds For Administrative And
Technical Operating Expenditures.
Key Intended Outcome Supported:
Improve mobility
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey,
more than half of all respondents report ed a willingness to use"local bus circulators" as an alternative to driving.
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summa /Recommendation:
Under the provisions of an Interlocal Agreement(ILA) Miami-Dade County (the County) has been operating a bi-.
directional transit circulator route service in Miami Beach known as the"South Beach Local"(SBL)since September
25, 2005. The initial SBL ILA expired on October 11, 2010; however, Miami-Dade Transit (MDT) continued to
provide service after the expiration of the SBL ILA under the same terms and conditions until the execution of the
revised ILA on January 2012. Pursuant to the terms of the current ILA for provision of SBL services, the
Administration proposes to appropriate for FY 2012/13, as follows:
$1,200,000 FY 2012/13 PTP Funds
$ 49,515 FY 2012/13 South Beach Concurrency Mitigation Funds
$1,249,515 FY 2012/13 Miami Beach Share
Five percent(5%) of PTP funds received may be appropriated for administrative purposes. An unlimited amount
may be appropriated for technical assistance. Administrative and technical operating PTP funding for FY 2012/13 is
recommended in the amount of$275,000, consistent with last fiscal year's appropriation.
The total rojected amount of PTP funds to be appropriated in FY 2012/13 is$2,569,900,of which$1,475,000 is for
P 1
operating expenses and$1,094,900 is for capital projects. The total amount of Concurrency Mitigation Funds to be
appropriated in FY 2012/13 is $92,583, of which $49,515 is for operating expenses and $43,068 is for capital
projects. (Capital projects are appropriated separately in the capital budget).
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
None.
Financial Information:
Source of Amount Account
Funds. 1 $1,200,000 187.8000.312910 (FY 2012/13 PTP)
2 $ 49,515 158.6217.000335 (CMF/S.Beach)
f 3 $ 275,000 187.8000.312910 (FY 2012/13 PTP)
OBPI Total $1,524,515
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez, Transportation Manager, Ext. 6768
Sign-Offs.
Department e r Assistant Ci ager City Ma er
FHB JGG KGB
TAAGENDA\2012\9-12-12\PTP FY 13 Operating Funds SUMM.doc
MIAMMEACH AGENDA ITEM
DATE q �7
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and Members of the City C mission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 27, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF $1,2009000
FROM FISCAL YEAR 2012/13 PEOPLE'S TRANSPORTATION PLAN FUNDS AND
$49,515 FROM FISCAL YEAR 2012/13 SOUTH BEACH CONCURRENCY
MITIGATION FUNDS, TO FUND THE OPERATING BUDGET FOR THE SOUTH
BEACH LOCAL IN MIAMI BEACH; AND FURTHER APPROPRIATING $275,000
FROM FISCAL YEAR 2012/13 PEOPLE'S TRANSPORTATION PLAN FUNDS FOR
ADMINISTRATIVE AND TECHNICAL OPERATING EXPENDITURES, AS PART OF
THE FIVE PERCENT (5%) ALLOWABLE FOR ADMINISTRATIVE ASSISTANCE
AND TECHNICAL ASSISTANCE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding to be appropriated for the FY 2012/13 operating budget for the South Beach Local
(SBL) in Miami Beach in the amount of $1,249,515 as follows: FY 2012/13 People's
Transportation Plan (PTP) Funds in the amount of $1,200,000 and FY 2012/13 South Beach
Concurrency Mitigation Funds in the amount of $49,515. Funding to be appropriated for FY
2012/13 administrative and technical assistance in the amount of $275,000 from FY 2012/13
PTP Funds.
BACKGROUND
On November 5, 2002, Miami-Dade County voters approved the levying of a one-half of one
percent discretionary surtax on transactions occurring in the County that are subject to the state
tax imposed on sales. This surtax is known as the Charter County Transportation Surtax.
Twenty percent (20%) of the proceeds of this surtax are to be distributed directly to
municipalities on a pro-rata basis. These funds are known as People's Transportation Plan
(PTP) Funds for use on local transportation and transit projects. The City entered into an
Interlocal Agreement with Miami-Dade County on August 13, 2003 in order to receive its pro-
rata share of the County's PTP Funds. Pursuant to the Interlocal Agreement, a minimum of
20% of the City's PTP share must be allocated specifically for transit projects. If not used for
transit services, the 20% share of PTP funds would be returned to the County.
Commission Memorandum—FY 13 PTP Operating Funds
September 27, 2012
Page 2 of 4
ANALYSIS
South Beach Local Operating Budget
On June 8, 2005, the City Commission adopted Resolution No. 2005-25934, which authorized
the execution of an Interlocal Agreement (ILA) with Miami-Dade County for the operation of a bi-
directional transit circulator service in Miami Beach to be known as the "South Beach Local"
(SBL). The SBL service commenced on September 25, 2005 and replaced both the City's
Electrowave Shuttle Service and Miami-Dade Transit's (MDT) Route W, serving the entire South
Beach community. Under the terms of the Interlocal Agreement, MDT became the provider of
bus shuttle services on South Beach in lieu of the previous provider, the Miami Beach
Transportation Management Association.
MDT has provided an expanded level of service at significantly less cost to the City as a result
of the City and County combining and coordinating transit resources instead of competing for
the same ridership. The partnership with MDT allows the City to comply with the requirement of
the PTP Surtax to expend a minimum of 20% of the City's PTP share on transit purposes.
On October 19, 2011, the City Commission adopted Resolution No. 2011-27773 approving a
revised Interlocal Agreement between Miami-Dade County and the City for the- continued
provision of the South Beach Local service operated by MDT. Under the provisions of the
current Interlocal Agreement executed on January 2012, Miami-Dade County and the City
agreed to the following new terms and conditions:
1. City will maintain the current level of funding contribution of $1,213,121 for operating
assistance in the initial year.
2. MDT will contribute the balance of operating and maintenance funds in the amount of
$1,938,879 in the initial year.
3. MDT will maintain the current headways of 13 minutes during the peak hours and 20
minutes during off-peak times.
4. MDT will continue service to Belle Isle.
5. City's contribution will be adjusted in subsequent fiscal years in accordance with the
Miami-Ft. Lauderdale CPI Transportation Index or 3%, whichever is less.
6. Service will terminate at midnight rather than 1:00-AM due to low ridership during that
time period.
PTP Administrative and Technical Assistance
Pursuant to Miami-Dade County Ordinance 02-116, five percent (5%) of PTP funds received
may be appropriated for administrative assistance (See Attachment A - Ordinance 02-116). An
unlimited amount may be appropriated for technical assistance.
Administrative and technical operating expenditures in the amount of $275,000 to be funded
with PTP funding are depicted in Attachment B -"FY 2013 PTP Operating Budget".
A percentage of the salaries of the Public Works Transportation Division staff qualify as
administrative and technical assistance. Administrative assistance provided by the
Transportation Manager includes but is not limited to the following responsibilities: overall
management of PTP funding; allocation of PTP funding to the various projects; capital budget
preparation; review of all PTP documents; attendance at PTP workshops and meetings at
Miami-Dade County; representing City of Miami Beach on transportation boards committees at
the state and local level and coordination with various state, county, and local agencies on all
Commission Memorandum—FY 13 PTP Operating Funds
September 27, 2012
Page 3 of 4
PTP funded projects. Technical assistance provided by the Transportation Manager includes
but is not limited to the following responsibilities: overall management of all PTP projects,
including the Atlantic Greenway Network Master Plan Update, the City's Transportation
Improvement and Implementation Plan, and the North-Middle Beach Circulator Project; review
of studies, plans, and other documents on all PTP funded projects.
Administrative assistance provided by the Transportation Coordinator includes but is not limited
to the following responsibilities: assisting the Transportation Manager with managing PTP
funding; preparing all PTP documents including the Five Year PTP Plan, Quarterly Reports,
Commission items, internal memos, Letters to the Commission, and correspondence to Miami-
Dade County; assisting with Miami-Dade County's audit of PTP funds; tracking all PTP fund
expenditures; tracking PTP revenue on a monthly and yearly basis; and preparing
reconciliations of PTP funds. Technical assistance provided by the Transportation Coordinator
includes but is not limited to the following responsibilities: assisting the Transportation Manager
with managing PTP funded projects; reviewing plans and other documents on all PTP funded
projects; coordinating with various state, county, and local agencies on all PTP funded projects;
and development of design plans for PTP funded projects.
The salary figures and percentages indicated in the Fiscal Year 2013 PTP Operating Budget
(Attachment B) are directly in support of the PTP program.
FY 2012/13 PTP and Concurrency Mitigation Fund Appropriations
The total projected amount of PTP funds to be appropriated in FY 2012/13 is $2,569,900, of
which $1,475,000 is for operating expenses and $1,094,900 is for capital projects. The total
amount of Concurrency Mitigation Funds to be appropriated in FY 2012/13 is $92,583, of which
$49,515 is for operating expenses and $43,068 is for capital projects. (Capital projects are
appropriated separately in the capital budget). These appropriations are itemized below:
Total FY 2012/13 PTP Appropriation:
$1,200,000 South Beach Local Circulator Operating Expenses
$ 275,000 Administrative and Technical Expenses
$1,094,900 Capital Projects
$2,569,900 Total FY 2012/13 Appropriation
Total FY 2012/13 Concurrency Mitigation Fund Appropriation:
$ 49,515 South Beach Local Circulator Operating Expenses
$ 43,068 Capital Projects
$ 92,583 Total FY 2012/13 Appropriation
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving the appropriation of $1,200,000 from FY 2012/13 PTP funds and $49,515 from FY
2012/13 South Beach Concurrency Mitigation Funds to fund the operating budget for the South
Beach Local in Miami Beach; and further appropriating $275,000 from FY 2012/13 PTP funds
for administrative and technical operating expenditures, as part of the five percent (5%)
allowable for administrative assistance and technical assistance.
Commission Memorandum—FY 13 PTP Operating Funds
September 27, 2012
Page 4 of 4
Attachments:
A. Ordinance 02-116
B. FY 2013 PTP Operating Budget
C. Estimated Municipal Transportation Surtax Funds Distribution (Projected for FY 2013)
JGG/FHB/JJF/OA/JRG
TAAGENDA\2012\9-12-12\PTP Operating Funds FY 13 MEMO.doc
Attachment A
ARTICLE XVI. ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM SALES
SURTAX AUTHORIZED BY SECTION 212.055(1) FLORIDA STATUTES (2001)
Sec. 29-121. Sales surtax levied.
There is hereby levied and imposed a one half of one percent discretionary sales surtax authorized by
Section 212.055(1), Florida Statutes (2001) on all transactions occurring in Miami-Dade County which
transactions are subject to the state tax imposed on sales, use, rentals, admissions and other transactions by
Chapter 212, Florida Statutes (2001).
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122. Surtax rate, limitations.
The surtax rate shall be one-half of one percent on the amount of taxable sales and taxable purchases
representing such transactions. The limitations, conditions and provisions contained in Section 212.054, Florida
Statutes (2001) as the same may be amended and supplemented from time to time are hereby incorporated
herein.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122.1. Exemption from Sales Surtax.
All exemptions applicable to the discretionary sales surtax contained in Chapter 212, Florida Statutes are
hereby incorporated herein as the same may be amended and supplemented from time to time including, but not
limited to, the following:
1. The sales amount above $5,000 on any item of tangible personal property shall not be subject
to the surtax. However, charges for prepaid calling arrangements, as defined in Section 212.05(1)
(e)l.a. Fla. Stats., shall be subject to the surtax. For purposes of administering the $5,000
limitation of an item of tangible personal property, if two or more taxable items of tangible personal
property are sold to the same purchaser at the same time and, under generally accepted business
practice or industry standards or usage, are normally sold in bulk or are items that, when
assembled, comprise a working unit or part of a working unit, such items must be considered a
single item for purposes of the $5,000 limitation when supported by a charge ticket, sale slip,
invoice, or other tangible evidence of a single sale or rental.
2. The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be
used or consumed in this state of the following are hereby specifically exempt from the sales surtax
imposed by this article.
(1) Exemptions; General Groceries.
(a) Food products for human consumption are exempt from the sales surtax
imposed by this article.
(b) For the purpose of this article, as used in this subsection, the term "food
products" means edible commodities, whether processed, cooked, raw, canned, or
in any other form, which are generally regarded as food. This includes, but is not
limited to, all of the following:
1. Cereals and cereal products, baked goods, oleomargarine, meat and
meat products, fish and seafood products, frozen foods and dinners, poultry,
eggs and egg products, vegetables and vegetable products, fruit and fruit
products, spices, salt, sugar and sugar products, milk and dairy products,
and products intended to be mixed with milk.
2. Natural fruit or vegetable juices or their concentrates or reconstituted
natural concentrated fruit or vegetable juices, whether frozen or unfrozen,
dehydrated, powdered, granulated, sweetened or unsweetened, seasoned
with salt or spice, or unseasoned; coffee, coffee substitutes, or cocoa; and
tea, unless it is sold in a liquid form.
3. Bakery products sold by bakeries, pastry shops, or like establishments
that do not have eating facilities.
(c) The exemption provided by this subsection does not apply:
1. When the food products are sold as meals for consumption on or off the
premises of the dealer.
2. When the food, products are furnished, prepared, or served for
consumption at tables, chairs, or counters or from trays, glasses, dishes, or
other tableware, whether provided by the dealer or by a person with whom
the dealer contracts to furnish, prepare, or serve food products to others.
3. When the food products are ordinarily sold for immediate consumption
on the seller's premises or near a location at which parking facilities are
provided primarily for the use of patrons in consuming the products
purchased at the location, even though such products are sold on a "take
out" or "to go" order and are actually packaged or wrapped and taken from
the premises of the dealer.
4. To sandwiches sold ready for immediate consumption on or off the
seller's premises.
5. When the food products are sold ready for immediate consumption within
a place, the entrance to which is subject to an admission charge.
6. When the food products are sold as hot prepared food products.
7. To soft drinks, which include, but are not limited to, any nonalcoholic
beverage, any preparation or beverage commonly referred to as a "soft
drink," or any noncarbonated drink made from milk derivatives or tea, when
sold in cans or similar containers.
8. To ice cream, frozen yogurt, and similar frozen dairy or nondairy
products in cones, small cups, or pints, popsicles, frozen fruit bars, or other
novelty items, whether or not sold separately.
9. To food prepared, whether on or off the premises, and sold for
immediate consumption. This does not apply to food prepared off the
premises and sold in the original sealed container, or the slicing of products
into smaller portions.
10. When the food products are sold through a vending machine, pushcart,
motor vehicle, or any other form of vehicle.
11. To candy and any similar product regarded as candy or confection,
based on its normal use, as indicated on the label or advertising thereof.
12. To bakery products sold by bakeries, pastry shops, or like
establishments that have eating facilities, except when sold for consumption
off the seller's premises.
13. When food products are served, prepared, or sold in or by restaurants,
lunch counters, cafeterias, hotels, taverns, or other like places of business.
(d) As used in this subsection (1), the term:
1. "For consumption off the seller's premises" means that the food or drink
is intended by the customer to be consumed at a place away from the
dealer's premises.
2. "For consumption on the seller's premises" means that the food or drink
sold may be immediately consumed on the premises where the dealer
conducts his or her business. In determining whether an item of food is sold
for immediate consumption, there shall be considered the customary
consumption practices prevailing at the selling facility.
3. "Premises" shall be construed broadly, and means, but is not limited to,
the lobby, aisle, or auditorium of a theater; the seating, aisle, or parking area
of an arena, rink, or stadium; or the parking area of a drive-in or outdoor
theater. The premises of a caterer with respect to catered meals or
beverages shall be the place where such meals or beverages are served.
4. "Hot prepared food products" means those products, items, or
components which have been prepared for sale in a heated condition and
which are sold at any temperature that is higher than the air temperature of
the room or place where they are sold. "Hot prepared food products," for the
purposes of this subsection, includes a combination of hot and cold food
items or components where a single price has been established for the
combination and the food products are sold in such combination, such as a
hot meal, a hot specialty dish or serving, or a hot sandwich or hot pizza,
including cold components or side items.
(e) 1. Food or drinks not exempt under paragraphs (a), (b), (c), and (d)
shall be exempt, notwithstanding those paragraphs, when-purchased with
food coupons or Special Supplemental Food Program for Women, Infants,
and Children vouchers issued under authority of federal law.
2. This paragraph (e) is effective only while federal law prohibits a
state's participation in the federal food coupon program or Special
Supplemental Food Program for Women, Infants, and Children if
there is an official determination that state or local sales taxes are
collected within that state on purchases of food or drinks with such
coupons.
3. This paragraph (e) shall not apply to any food or drinks on which
federal law shall permit sales taxes without penalty, such as
termination of the state's participation.
(2) Exemptions medical.
(a) There shall be exempt from the sales surtax imposed by this article any medical
products and supplies or medicine dispensed according to an individual prescription
or prescriptions written by a prescriber authorized by law to prescribe medicinal
drugs; hypodermic needles; hypodermic syringes; chemical compounds and test kits
used for the diagnosis or treatment of human disease, illness, or injury; and
common household remedies recommended and generally sold for internal and
external use in the cure, mitigation, treatment, or prevention of illness or disease in
human beings, but not including cosmetics or toilet articles, notwithstanding the
presence of medicinal ingredients therein, according to a list prescribed and
approved by the Department of Health, which list shall be certified to the
Department of Revenue from time to time and included in the rules promulgated by
the Department of Revenue. There shall also be exempt from the sales surtax
imposed by this article artificial eyes and limbs; orthopedic shoes; prescription
eyeglasses and items incidental thereto or which become a part thereof; dentures;
hearing aids; crutches; prosthetic and orthopedic appliances; and funerals. In
addition, any items intended for one-time use which transfer essential optical
characteristics to contact lenses shall be exempt from the sales surtax imposed by
this article, however, this exemption shall apply only after $100,000 of the sales
surtax imposed by this article on such items has been paid in any calendar year by
a taxpayer who claims the exemption in such year. Funeral directors shall pay tax
on all tangible personal property used by them in their business.
(b) For the purposes of this subsection (2):
1. "Prosthetic and orthopedic appliances" means any apparatus,
instrument, device, or equipment used to replace or substitute for any
missing part of the body, to alleviate the malfunction of any part of the body,
or to assist any disabled person in leading a normal life by facilitating such
person's mobility. Such apparatus, instrument, device, or equipment shall be
exempted according to an individual prescription or prescriptions written by a
physician licensed under chapter 458, chapter 459, chapter 460, chapter
461, or chapter 466, Florida Statutes, or according to a list prescribed and
approved by the Department of Health, which list shall be certified to the
Department of Revenue from time to time and included in the rules
promulgated by the Department of Revenue.
2. "Cosmetics" means articles intended to be rubbed, poured, sprinkled, or
sprayed on, introduced into, or otherwise applied to the human body for
cleaning, beautifying, promoting attractiveness, or altering the appearance
and also means articles intended for use as a compound of any such
articles, including, but not limited to, cold creams, suntan lotions, makeup,
and body lotions.
3. "Toilet articles" means any article advertised or held out for sale for
grooming purposes and those articles that are customarily used for grooming
purposes, regardless of the name by which they may be known, including,
but not limited to, soap, toothpaste, hair spray, shaving products, colognes,
perfumes, shampoo, deodorant, and mouthwash.
4. "Prescription" includes any order for drugs or medicinal supplies written
or transmitted by any means of communication by a duly licensed
practitioner authorized by the laws of the state to prescribe such drugs or
medicinal supplies and intended to be dispensed by a pharmacist. The term
also includes an orally transmitted order by the lawfully designated agent of
such practitioner. The term also includes an order written or transmitted by a
practitioner licensed to practice in a jurisdiction other than this state, but only
if the pharmacist called upon to dispense such order determines, in the
exercise of his or her professional judgment, that the order is valid and
necessary for the treatment of a chronic or recurrent illness. The term also
includes a pharmacist's order for a product selected from the formulary
created pursuant to Sec. 465.186 Fla. Stats. A prescription may be retained
in written form, or the pharmacist may cause it to be recorded in a data
processing system, provided that such order can be produced in printed form
upon lawful request.
(c) Chlorine shall not be exempt from the tax imposed by this article when used for
the treatment of water in swimming pools.
(d) Lithotripters are exempt.
(e) Human organs are exempt.
(f) Sales of drugs to or by physicians, dentists, veterinarians, and hospitals in
connection with medical treatment are exempt.
(g) Medical products and supplies used in the cure, mitigation, alleviation,
prevention, or treatment of injury, disease, or incapacity which are temporarily or
permanently incorporated into a patient or client by a practitioner of the healing arts
licensed in the state are exempt.
(h) The purchase by a veterinarian of commonly recognized substances.
possessing curative or remedial properties which are ordered and dispensed as
treatment for a diagnosed health disorder by or on the prescription of a duly licensed
veterinarian, and which are applied to or consumed by animals for alleviation of pain
or the cure or prevention of sickness, disease, or suffering are exempt. Also exempt
are the purchase by a veterinarian of antiseptics, absorbent cotton, gauze for
bandages, lotions, vitamins, and worm remedies.
(i) X-ray opaques, also known as opaque drugs and radiopaque, such as the
various opaque dyes and barium sulphate, when used in connection with medical X
rays for treatment of bodies of humans and animals, are exempt.
(j) Parts, special attachments, special lettering, and other like items that are.added
to or attached to tangible personal property so that a handicapped person can use
them are exempt when such items are purchased by a person pursuant to an
individual prescription.
(k) This subsection (2) shall be strictly construed and enforced.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-123. Administration, collection and enforcement.
The Florida Department of Revenue shall administer, collect and enforce the surtax levied hereunder
pursuant to the procedures specified in Sec. 212.054(4) Fla. Stats. (2001) as the same may be amended or
renumbered from time to time.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-124. Special fund created; uses of surtax proceeds; and role of Citizens' Independent
Transportation Trust.
The surtax proceeds collected by the State and distributed hereunder shall be deposited in a special fund
set aside from other County funds in the custody of the Finance Director of the County. Moneys in the special
fund shall be expended for the transportation and transit projects (including operation and maintenance thereof)
set forth in Exhibit 1 to this article (including those projects referenced in the ballot question presented to the
electors to approve this levy), subject to any amendments thereto made in accordance with the MPO process or
made in accordance with the procedures specified in subsection (d)of this Section.
Expenditure of surtax proceeds shall be subject to the following limitations:
(a) Surtax proceeds shall be applied to expand the Golden Passport Program to all persons
(regardless of income level who are over the age of 65 or are drawing Social Security benefits, and
to provide fare-free public transportation service on Metromover, including extensions.
(b) Surtax proceeds may only be expended for the transportation and transit purposes specified in
Section 212.055(1)(d)1--3 Fla. Stats. (2001).
(c) The County shall not expend more than five percent of the County's share of surtax proceeds
on administrative costs, exclusive of project management and oversight for projects funded by the
surtax.
(d) The County Commission shall not delete or materially change any County project contained in
the list attached as Exhibit 1 to this article nor add any project to the list except in accordance with
the procedures set forth in this subsection (d). A proposed deletion, material change or addition of
a County project shall be initially reviewed by the Citizens' Independent Transportation Trust
("Trust"), which shall forward a recommendation thereon to the County Commission. The County
Commission may either accept or reject the Trust's recommendation. If the County Commission
rejects the recommendation, the matter shall be referred back to the Trust for its reconsideration
and issuance of a reconsidered recommendation to the County Commission. The County
Commission may approve, change or reject the Trust's reconsidered recommendation.A two-thirds
vote of the Commission membership shall be required to take action other than as contained in the
reconsidered recommendation of the Trust. The foregoing notwithstanding, the list of County
projects contained in Exhibit 1 may be changed as a result of the MPO process as mandated by
federal and state law.
(e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the
County Commission until such action has become final (either by expiration of ten days after such
action without veto by the Mayor, or by Commission override of a veto) and either: i) the Trust has
approved same; or, ii) in response to the Trust's disapproval, the County Commission re-affirms its
award by two-thirds ( 2/3)vote of the Commission's membership. The bid documents for all County
contracts funded in whole or in part with surtax proceeds shall provide that no award shall be
effective and no contractual relationship shall arise with the County unless and until approved by
the Trust or re-affirmed by the County Commission as provided in this subsection. The foregoing
notwithstanding, awards of contracts for services in support of the administration of the Trust or in
support of the Trust's oversight function shall not require County Commission or Trust approval, so
long as the individual contract amount does not exceed one thousand dollars ($1,000).
(f) On a quarterly basis, the Executive Director of the CITT shall submit a written report to the
Commission, the Mayor and the Manager of all expenditures made pursuant to Section 29-124
herein.
(g) Twenty percent of surtax proceeds shall be distributed annually to those cities existing as of
November 5, 2002 that meet the following conditions:
(i) That continue to provide the same level of general fund support for transportation that is
in their FY 2001-2002 budget in subsequent Fiscal Years. Any surtax proceeds received
shall be applied to supplement, not replace a city's general fund support for transportation;
(ii) That apply 20 percent of any surtax proceeds received to transit uses in the nature of
circulator buses, bus shelters, bus pullout bays or other transit-related infrastructure. Any
city that cannot apply the 20 percent portion of surtax proceeds it receives as provided in
the preceding sentence, may contract with the County for the County to apply such
proceeds on a County project that enhances traffic mobility within that city and immediately
adjacent areas. If the city cannot expend such proceeds in accordance with either of the
preceding sentences, then such proceeds shall carry over and be added to the overall
portion of surtax proceeds to be distributed to the cities in the ensuing year and shall be
utilized solely for the transit uses enumerated in this subsection (ii); and
(iii) Surtax proceeds distributed amongst the existing cities shall be distributed on a pro
rata basis based on the ratio such city's population bears to the total population in all such
cities (as adjusted annually in accordance with the Estimates of Population prepared by the
Bureau of Economic and Business Research of the University of Florida).annually to those
cities that continue to meet the foregoing conditions. For purposes of the foregoing,
whenever an annexation occurs in an existing city, the number of persons residing in such
annexed area at the time it is annexed shall be excluded from all calculations. Increases in
population in areas annexed over and above the population in such area at the time of
_annexation which occur after annexation shall be included in subsequent years'
calculations.
(iv) that do not expend more than 5% of 'its municipal share of surtax proceeds on
administrative costs, exclusive of project management and oversight for projects funded by
the surtax. Administrative costs shall be defined as overhead expenses which are not
readily attributable to any one particular project funded in whole or in part by transit surtax
funds.
(h) Newly incorporated municipalities shall have the right to negotiate with the County for a pro
rata share of the sales surtax, taking into consideration the neighborhood and municipal projects
identified in Exhibit 1, as amended, within the boundaries of the new municipalities. The preceding
sentence shall not affect the twenty (20) percent share provided herein for municipalities existing
on November 5, 2002.
(Ord. No. 02-116, § 1, 7-9-02; Ord. No. 06-138, § 1, 9-26-06; Ord. No. 07-56, § 1, 4-24-07)
Attachment B
FY2013 PTP Operating Budget
PTP Administrative Support - Eligible expense NTE 5%
FY 2013 Budget
Transportation Coordinator
Salary (50%) 35,826
Health Ins. (50%) 1,875
Social Security Medicare (50%) 519
Sub-Total 38,220
Transportation Manager
Salary (15%) 15,432
Health Ins. (15%) 645
Social Security Medicare (15%) 224
Sub-Total 16,301
Total- PTP Administrative Support 54,522
PTP Technical Support
Transportation Coordinator
Salary (25%) 17,913
Health Ins. (25%) 938
Social Security Medicare (25%) 260
Sub-Total 19,110
Professional Services 163,766
Other Operating Expenses 5,000
168,766
Transportation Manager
Salary (30%) 30,865
Health Ins. (30%) 1,290
Social Security Medicare (30%) 448'
Sub-Total 32,602
Total- PTP Technical Support 220,478
GRAND TOTAL 275,000
Attachment C
Estimated Municipal Transportation
Projected for FY13** Amount*
$ 205,000,000
Population %Population 20% 0 Share 80%Transportation
Jurisdiction Apr-11 *** $ 41,000,000 20/o Transit are Share
Aventura 35,723 2.962% $1,214,305 242,861 971,444
Bal Harbour Village 2,502 0.207% $85,049 17,010 68,039
Bay Harbor Islands 5,634 0.467% $191,512 38,302 153,210
Biscayne Park 3,072 0.255% $104,424 20,885 83,539
Coral Gables 47,031 3.899% $1,598,690 319,738 1,278,952
El Portal 2,341 0.194% $79,576 15,915 63,661
Florida City 11,704 0.970% $397,845 79,569 318,276
Golden Beach 922 0.076% $31,341 6,268 25,073
Hialeah 226,530 18.781% $7,700,266 1,540,053 6,160,213
Hialeah Gardens 21,787 1.806% $740,589 148,118 592,471
Homestead 61,503 5.099% $2,090,626 418,125 1,672,501
Key Biscayne 12,363 1.025% $420,246 84,049 336,197
Indian Creek Village 89 0.007% $3,025 605 2,420
Medley 834 0.069% $28,350 5,670 22,680
Miami 406,385 33.693% $13,813,944 2,762,789 11,051,155
Miami Beach 88,349 7.325% $3,003,182 600,636 402 546
Miami Lakes 29,369 2.435% $998,319 199,664 798,655
Miami Shores 10,291 0.853% $349,814 69,963 279,851
Miami Springs 13,844 1.148% $470,589 94,118 376,471
North Bay Village 7,349 0.609% $249,809 49,962 199,847
North Miami 58,806 4.875% $1,998,949 399,790 1,599,159
North Miami Beach 41,680 3.456% $1,416,797 283,359 1,133,438
Opa-Locks 15,403 1.277% $523,583 104,717 418,866
Palmetto Bay 23,477 1.946% $798,036 159,607 638,429
Pinecrest 18,255 1.513% $620,529 124,106 496,423
South Miami 12,363 1.025% $420,246 84,049 336,197
Sunny Isles Beach 21,007 1.742% $714,075 142,815 571,260
Surfside 5,749 0.477% $195,421 39,084 156,337
Sweetwater 13,417 1.112% $456,074 91,215 364,859
Virginia Gardens 2,390 0.198% $81,241 16,248 64,993
West Miami 5,988 0.496% $203,546 40,709 162,837
Total Municipal Participation 1,206,157 100.000%1 $41,000,0001 8,200,000 32,800,000
Unincorporated 1,303,473
Total Miami-Dade 2,509,630
*Estimate based on Projected Collections for FY 2012 with a 2.5%growth for 2013.
**Estimates assume no change in the distribution amount as per CS/CS/HB 1205 and/or changes to Ordinance No. 02-116.
***Population net of amount annexed.
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