2013-3822 Ordinance ORDINANCE NO.- 2013-3822
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 100 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SUSTAINABILITY," BY AMENDING ARTICLE II,
ENTITLED "ENERGY ECONOMIC DEVELOPMENT ZONE PILOT
PROGRAM" TO INCLUDE MIAMI-DADE COUNTY'S GREEN
BUSINESS CERTIFICATION AS AN ADDITIONAL ELIGIBILITY
CRITERIA TO PARTICIPATE IN THE ENERGY ECONOMIC
DEVELOPMENT ZONE PILOT PROGRAM; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE
DATE.
WHEREAS, in 2009, the Florida Legislature created the Energy Economic Zone (EEZ)
Pilot Program (Section 377.809, Florida Statutes) for purposes of developing a model to help
communities cultivate green economic development, encourage renewable electric energy
generation, and promote the manufacturing of products that contribute to energy conservation
and green jobs; and
WHEREAS, the aforestated State legislation sets forth an application process for local
governments applying to the State for designation as a pilot community and limited eligible
locations within a pilot community to adopted urban service areas and a county landfill outside
the urban service boundary; and
WHEREAS, the application process requires applicants to indicate: (1) the anticipated
boundaries of the EEZ; (2) how the projected EEZ would lend itself to mixed-use and form-
based standards, multimodal transportation facilities and/or renewable energy facilities; and (3)
a strategic plan illustrating how the EEZ would allow for promotion of land use and development
patterns to: (i) reduce reliance on automobiles; (ii) encourage certified green building
development and renewable energy systems; (iii) encourage creation of green jobs; and (iv)
demonstrate how local financial and regulatory incentives will be used in the EEZ; and
WHEREAS, in 2009, Sarasota County and the City of Miami Beach were selected by the
State as the two communities to participate in the EEZ Pilot Program; and
WHEREAS, in 2011, the Legislature amended Section 377.809, Florida Statutes,
providing that all the incentives and benefits available to enterprise zones pursuant to State law,
and other specifically identified benefits, will be available within an EEZ, and setting forth the
process by which each of the EEZ governing bodies would implement the EEZ Program within
its jurisdiction; and
WHEREAS, in order to provide EEZ incentives, the EEZ governing body must adopt an
ordinance that establishes the boundaries of the EEZ; specifies applicable energy efficiency
standards for businesses within the EEZ; and determines eligibility criteria for those businesses
applying for EEZ incentives; and
WHEREAS, Section 377.809, Florida Statutes, further provides that, effective July 1,
2012, the total amount of State credits, refunds and exemptions that may be provided by each
EEZ governing body to eligible businesses for EEZ incentives is $300,000 in any State fiscal
year; and
WHEREAS, If the $300,000 incentive cap is not fully used in any single State fiscal
year, the unused amount of the cap may be carried forward for up to 5 years; and
WHEREAS, each EEZ governing body is responsible for allocating the incentives, for
verifying that businesses receiving such incentives are eligible for the incentives provided, and
for ensuring that the incentives provided do not exceed the cap for the State fiscal year; and
WHEREAS, as provided by law, no later than February 15, 2015, the Florida
Department of Economic Opportunity (DEO) is to evaluate each EEZ Pilot Program and report
to the Governor and Legislature any recommended revisions, and
WHEREAS, the City's Energy Economic Development Zone Pilot Program ordinance
was passed and adopted on March 26, 2012; and
WHEREAS, the City's Neighborhood/Community Affairs Committee at its June 26, 2013
meeting approved incorporating Miami-Dade's Green Business Certification as an additional
eligibility criteria to receive incentives in the City's Energy Economic Development Zone Pilot
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 100 of the Miami Beach City Code, Article II, entitled "Energy Economic
Development Zone Pilot Program" is hereby amended by creating an additional eligibility
critieria as follows:
CHAPTER 100 - SUSTAINABILITY
ARTICLE II. - ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM
Sec. 100-21. Purpose.
The Energy Economic Development Zone Pilot Program was created in 2009, pursuant to
Section 377.809, Florida Statutes, to help communities such as the City of Miami Beach
cultivate green economic development, encourage renewable electric energy generation,
manufacture products that contribute to energy conservation and green jobs. The City of Miami
Beach is a high-density urban city, which has implemented many sustainability and energy
efficiency initiatives. The Energy Economic Development Zone Pilot Program provides the City
with additional resources and support to continue implementation of the City's Sustainability
Plan, and it is in the best interest of the City and its citizens to participate in the Pilot Program.
Sec. 100-22. Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning,
or as may be amended from time to time.
City Commission means the Miami Beach City Commission.
Clean Technology Sector Business means a business that produces products, services, and
processes that harness renewable materials and energy sources, dramatically reduce the use of
natural resources, and cut or eliminate emissions and wastes.
Green Business means a business that is managed to minimize adverse environmental impacts
regardless of the product or services the business offers or a business that has been
designated as a Green Business by Miami-Dade County's Green Business Certification
Program.
Green Lodging Establishment means a hotel that has been designated as a Green Lodging
Establishment by the Florida Department of Environmental Protection.
LEED means the Leadership in Environmental and Energy Design program administered by the
United States.Green Building Council.
Sec. 100-23. Energy Economic Development Zone Boundaries.
The Energy Economic Development Zone shall be comprised of the entirety of the City of Miami
Beach.
Sec. 100-24. Eligibility Criteria.
In order for a business within the City of Miami Beach to be eligible to apply for an Energy
Economic Development Zone incentive, it must satisfy the following criteria:
(a) The business is located within the boundaries of the Energy Economic Development
Zone, as defined in Section 100-23; and
(b) The business is either a Clean Technology Sector Business or a Green Business, as
both are defined in Section 100-22, and meets or exceeds the Energy Efficiency
Standards set forth in Section 100-25; or
(c) The business is LEED certified; or
(d) The business is a Green Lodging Establishment, as defined in Section 100-22.
Sec. 100-25. Energy Efficiency Standards
A business within the City of Miami Beach applying for an Energy Economic Development Zone
incentive must meet one of the following standards:
(a) The business must achieve an ENERGY STAR Rating of 50 or higher in each of the
buildings that are the subject of the Energy Economic Development Zone application, and
attach to the application a report from the ENERGY STAR Portfolio Manager Program verifying
the ENERGY STAR rating; or
(b) The business must achieve the energy efficiency standards of one of the following
programs:
(i) the Green Lodging Program administered by the Florida Department of
Environmental Protection; or
(ii) the Leadership in Environmental and Energy Design Program, administered by
the U.S. Green Building Council.
iii the Green Business Certification Program, administered by Miami-Dade County.
Sec. 100-26. Program Guidelines.
The City Commission may adopt, by resolution, its own Energy Economic Development Zone
Program Guidelines, which may include, among other provisions, prioritization of the eligibility
criteria; allocation of incentives based on eligibility criteria; and the process for application
review and incentive approval, including, but not limited to, a competitive selection process.
The Sustainability Committee shall review the City's proposed Energy Economic Development
Zone Program Guidelines no later than six (6) months from the date of adoption of this
Ordinance, and at least annually thereafter throughout the duration of the Program, to determine
if any revisions should be recommended to the City Commission. If
the City Commission does not adopt the initial Guidelines by July 1, 2012, then the City shall
implement the Program as provided pursuant to the State's guidelines.
Sec. 100-27. Program Administration.
The Energy Economic Development Zone Program and the incentives provided by the State of
Florida to businesses participating in the Program will be reviewed and administered by the
City's Economic Development Division.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention, and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect upon filing with the Office of Secretary of State of the State of
Florida.
PASSED AND DULY ADOPTED byte Mayor and City Commission of the City of
da
Miami Beach, Florida, this of aC 6-eK , 2013.
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ATTEST:
CITY CLE K
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INCORP ORATED: APPROVED AS TO
FORM AND LANGUAGE
• ? '�� & FOR XE.CUTION
CI Attorney-t Date
First Reading: September 11, 2013
Second Reading:
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Underscore denotes new language.
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F:\INFO\$ALL\HALL\ECOZONE\New Ordinance\Updated Ecozone Ordinance 2013.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Amending the Energy Economic Zone ("EcoZone") Ordinance to include Miami-Dade County's Green
Business Certification as eligibility criteria to receive the EcoZone Program tax incentives.
Key Intended Outcome Supported:
Enhance the environmental sustainability of the community.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Customer Satisfaction
Survey, half of the business owners(49%)thought Miami Beach was a better place to run a business than
other cities; only 13%thought of Miami Beach as a worse place to run a business. Results in 2012 were
very similar to 2009,yet better than results in 2005,when only 37%of business owners thought that Miami
Beach was a better place to run a business. Results were fairly similar across business zones.
Item Summa /Recommendation: SECOND READING /PUBLIC HEARING
In 2009,the Florida Legislature created the Energy Economic Zone pilot program Chapter 2009-89,Laws of Florida
(House Bill 5013, 2009) for the purpose of developing a model to help communities cultivate green economic
development, encourage renewable electric energy generation, manufacture products that contribute to energy
conservation and green jobs, and other activities related to energy efficiency and land use planning. The City of
Miami Beach was selected as a pilot community.
In 2011,the legislature passed,and the Governor signed additional legislation for the EEZ pilot programs regarding
incentives(Chapter 2011-223,Laws of Florida(House Bill 879,2011).Under that law,Miami Beach had to adopt an
ordinance establishing an EEZ incentive program.
The City's existing EcoZone ordinance which was passed and adopted on 3/26/12 was intended to keep the program
simple and minimize the resources needed for implementation and administration of the program; to keep
administration of the program efficient;and to make the program friendly and not burdensome for the applicants.To
this end, the determination of whether or not a business has met certain thresholds of energy efficiency and
sustainability is determined by their participation in already established programs.Currently the following businesses
are eligible for the incentives approved by the State of Florida: LEED certified projects; Green Lodging
Establishments; or Businesses which achieve an ENERGY STAR Rating of 50 or higher.
As part of the Sustainability Committee's ongoing review process of the EcoZone program during its 4/15/2013 and
5/21/13 meetings,the committee approved iincorporating Miami-Dade's Green Business Certification as additional
eligibility criteria to receive incentives in the EcoZone program.This additional criterion was also approved by the
Neighborhood/Community Affairs Committee at their 6/26/2013 meeting.This amendment(reviewed and approved
by the legal department)has the potential to help facilitate not only the expansion of the pilot EcoZone program into
the rest of Miami-Dade county, but also the initial processing of EcoZone applications by the County's Economic
Resources Office,as the incentives are exactly the same as those currently being processed for the Enterprise Zone.
The Administration recommends that the Mayor and City Commission approve a motion accepting the
recommendation of the Neighborhood/Community Affairs Committee and adopt the revised Ordinance to
include Miami-Dade County's Green Business Certification Program as eligibility criteria to receive the
EcoZone Program tax incentives.
Advisory Board Recommendation:
Sustainabilit Committee,4/15/2013, 5/21/13. Neighborhood/Community Affairs Committee,6/26/2013.
Financial Information:
Source of Amount Account
Funds: 1
N/A 2
3
4
OBPI Total
Financial Impact Summary:As per City Charter,the Administration has reviewed the fiscal impact
of this Code Amendment and found there to be no impact because no additional staffing or funds are
required to implement this program.
City Clerk's Office Legislative Tracking:
Glendon Hall, Extension 6839
Si n-O
D Tent irector Assist City Manager City Manager
MAS KGB JLM
G NDA ITEM (?S
MIAMI EACH _ _
� DATE Io �b 13
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 Me ers of t City Commission
FROM: Jimmy L Morales, City Manager
DATE: October 16, 2013 ECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 100 OF THE MIAMI EACH CITY CODE, ARTICLE II ENTITLED,
"ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM,"
ELIGIBILITY CRITERIA, TO INCLUDE MIAMI DADE COUNTY'S GREEN
BUSINESS CERTIFICATION AS AN ADDITIONAL CRITERIA TO PARTICIPATE
IN THE ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM, AS
FURTHER DETAILED IN THE ORDINANCE; PROVIDING FOR SEVERABILITY;
CODIFICATION, REPEALER, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve a motion
accepting the recommendation of the Neighborhood/Community Affairs Committee and adopt
the revised Ordinance to include Miami-Dade County's Green Business Certification Program
as eligibility criteria to receive the EcoZone Program tax incentives.
FISCAL IMPACT
As per City Charter, the Administration has reviewed the fiscal impact of this Code
Amendment and found there to be no impact because no additional staffing or funds are
required to implement this program.
BACKGROUND
In 2009, the Florida Legislature created the Energy Economic Zone pilot program Chapter
2009-89, Laws of Florida (House Bill 5013, 2009) for the purpose of developing a model to
help communities cultivate green economic development, encourage renewable electric
energy generation, manufacture products that contribute to energy conservation and green
jobs, and other activities related to energy efficiency and land use planning.
The Florida Department of Community Affairs designated the City of Miami Beach and
Sarasota County as the "Energy Economic Zone Pilot Program Communities." The City of
Miami Beach was specifically designated as the "Urban Service Area: City Redevelopment
Program" model. Intended to provide a model for the development of energy-efficient land use
patterns, the program models include strategies to reduce greenhouse gas emissions,
cultivate green economic development, encourage renewable electric energy generation, and
promote product manufacturing that contribute to energy conservation and green jobs. Once
designated, a community receives technical assistance from the Department of Economic
Opportunity, Division of Strategic Business Development (formerly the Office of Tourism,
Trade and Economic Development), the Office of Energy (formerly the Governor's Office of
Energy-and Climate Change) and the Florida Department of Transportation. The intended
result is a series of program models that could serve as a model for Florida's communities.
Through the application process, the City designated the entire municipality as the Energy
Economic Zone. With a land area of seven square miles and a 2008 population estimate of
94,040 persons, this densely populated urban area averages about 13,400 people per square
Commission Memorandum
Energy Economic Zone Program (EcoZone)
September 30, 2013
mile. As a compact metropolitan locale, the city lends itself to urban design served by a highly
connected street and trail system designed for multiple modes of transportation. In addition,
opportunities emerge to provide for more efficient use and reuse of infrastructure.
One of the main reasons that the City of Miami Beach was designated was due to the
comprehensive efforts to create and implement the Sustainability Plan and its associated
initiatives. The Sustainability Plan also serves as the Energy Economic Zone Work Plan.
In 2011, the legislature passed, and the Governor signed, additional legislation for the EEZ
pilot programs regarding incentives (Chapter 2011-223, Laws of Florida (House Bill 879,
2011). Under that law, Miami Beach must adopt an ordinance establishing an EEZ incentive
program that provides, at a minimum, the following:
o Boundaries of the Energy Economic Zone, with a provision allowing a change in
boundaries by ordinance amendment;
o Energy-efficiency standards; and
o Eligibility criteria for applicants seeking state and local incentives within the EEZ.
House Bill 879 provides that a governing authority (Miami Beach) with jurisdiction over an
Energy Economic Zone may provide no more than $300,000 in state incentives in any state
fiscal year. If the $300,000 incentive cap is not fully used, the unused amount may be carried
forward for no more than five (5) years.
STATE TAX INCENTIVES
The State of Florida incentives provided by the EcoZone ordinance became available on July
1, 2012, and include the following tax incentives:
• Provides a refund for sales taxes paid on the purchase of certain building materials, up
to $5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the
employees live in the enterprise zone, the refund is the lesser of$10,000 or 97 percent
of the tax paid.
• Provides a refund for sales taxes paid on the purchase of certain equipment, up to
$5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the
employees live in the enterprise zone, the refund is the lesser of$10,000 or 97 percent
of the tax paid
• Provides a sales and use tax credit for up to 30 percent of wages paid to new
employees who live within the enterprise zone.
• Provides a refund for sales taxes paid on the purchase of certain business property, up
to $5,000 or 97 percent of the tax paid per parcel of property, which is used exclusively
in an enterprise zone for at least 3 years.
• Provides 50 percent sales tax refund for donations made to local community
development projects.
• Provides 50 percent sales tax exemption to qualified businesses located within an
enterprise zone on the purchase of electrical energy.
Available state corporate income tax incentives for enterprise zones include:
• Provides a corporate income tax credit for up to 30 percent of wages paid to new
employees who live within the enterprise zone.
• Provides a credit against Florida corporate income tax equal to 96 percent of ad
valorem taxes paid on the new or improved property.
• Provides a 50-percent credit on Florida corporate income tax or insurance premium
tax, or a sales tax refund, for donations made to local community development projects
Commission Memorandum
Energy Economic Zone Program (EcoZone)
September 30, 2013
EcoZone ORDINANCE
The City's existing EcoZone ordinance which was passed and adopted on 3/26/12 is intended
to keep the program simple and minimize the resources needed for implementation and
administration of the program; to keep administration of the program efficient; and to make the
program friendly and not burdensome for the applicants. To this end, the determination of
whether or not a business has met certain thresholds of energy efficiency and sustainability is
determined by their participation in already established programs. Currently the following
businesses are eligible for the incentives approved by the State of Florida:
• LEED certified projects;
• Green Lodging Establishments designated by the Florida Department of
Environmental Protection; or
• Businesses which achieve an ENERGY STAR Rating of 50 or higher in each of the
buildings that are the subject of the Energy Economic Development Zone application
and attach to the application a report from the ENERGY STAR Portfolio Manager
program verifying the ENERGY STAR rating.
The EcoZone ordinance provides for approval and revision of the Program Guidelines by
Resolution, and further recommends that the Sustainability Committee review the Energy
Economic Zone program within six (6) months of adoption and annually thereafter to
determine if any revisions should be recommended to the City Commission.
As part of the Sustainability Committee's ongoing review process of the EcoZone program
during its 4/15/2013 and 5/21/13 meetings, the committee approved incorporating Miami-
Dade's Green Business Certification as an additional eligibility criteria to receive incentives in
the EcoZone program. This additional criteria was also approved by the Neighborhood/
Community Affairs Committee at their 6/26/2013 meeting. This amendment (reviewed and
approved by the legal department) has the potential to help facilitate not only the expansion of
the pilot EcoZone program into the rest of Miami-Dade county, but also the initial processing of
EcoZone applications by the county's Regulatory and Economic Resources Office, as the
incentives are exactly the same as those currently being processed by the office for the
Enterprise Zone.
Miami-Dade's Green Business Certification program assists businesses reduce their operating
costs and decrease their carbon footprint by implementing proven sustainable/green practices
such as water/energy conservation and waste reduction. The participation is free, however the
business must be: in compliance with all applicable regulations, a valid Florida
Corporation/Miami-Dade County business, have a valid occupational license and must obtain
a minimum score on the program's checklist. The businesses complete an online self-audit
worksheet, are interviewed after attaining a minimum score, and then undergo a verification
inspection which includes follow up inspections to confirm compliance. Since the inception of
the program, 672 businesses have applied and been reviewed, with 15 businesses including 4
hotels being certified.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve a motion
accepting the recommendation of the Neighborhood/Community Affairs Committee and adopt
the revised Ordinance to include Miami-Dade County's Green Business Certification Program
as elig' Hity riteria to receive the EcoZone Program tax incentives.
JLM/ B/
F:\INF $ALL\ L E ZONE\New Ordinance\Energy Economic Zone-EcoZone Commission Memorandum 2013.docx
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