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Ordinance 89-2651 ORDINANCE NO. 89-2651 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH CODE CHAPTER 41, ARTICLE II, DIVISION I "FOR BENEFIT OF FIREMEN", SECTION 41.28 "AMOUNT OF TAX" AND DIVISION II "FOR BENEFIT OF POLICEMEN" SECTION 41.32 "ASSESSMENT AND IMPOSITION OF TAX; SAME IN ADDITION TO ALL OTHER TAXES" TO REFLECT THE NEW AMOUNT OF TAXES AS AMENDED BY THE 1988 FLORIDA STATE LEGISLATURE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Amending Chapter 41, Article II, Division I "For Benefit of Firemen", Section 41.28 "Amount of tax." The above referenced section of the Miami Beach City Code shall be amended to reflect the new amount of tax as amended by the 1988 Florida State Legislature. This section shall read as follows: Section 41.28. Amount of Tax There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business or insuring property against loss or damage by fire or tornado, an excise or license tax amounting to two per ccnt 1.85% of the gross amount of receipts of premiums from policyholders on all premiums collected on fire and tornado insurance policies covering property within the city. (Code 1950, §34 . 31; Ord. No. 1756, §1. ) Section 2 . Amending Chapter 41, Article II, Division II "For Benefit of Policemen" Section 41.32 "Assessment and imposition of tax; same in addition to all other taxes." The above referenced section of the Miami Beach City Code shall be amended to reflect the new amount of tax as amended by the 1988 Florida State Legislature. This section shall read as follows: Section 41.32 . Assessment and imposition of tax; same in addition to all other taxes. There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on or who shall hereafter engage in or carry on the business of casualty insuring, as shown by the records 1 of the state treasurer in his capacity as state insurance commissioner, an excise or license tax in addition to any lawful license or excise tax now levied by the city, amounting to etre per cent . 85% of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies covering property within the city. (Ord. No. 1075, §1; Ord. No. 1169, §9. ) Section 3 . SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance 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 portion of this Ordinance. Section 4. REPEALER. All ordinances or parts in conflict herewith be and the same are hereby repealed. Section 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after its adoption on the 5th day of August , 19 89 PASSED and ADOPTED this 26th day of July , 19 89 dllif4g:a"L-"'r i,YOR ATTEST: CITY CLERK FORM APPROVE BY: AL LEGAL DE 'r'TMENT DATE HD/mml a: \polfir$.ord 1st reading 6/21/89 2nd reading 7/26/89 2 OFFICE OF THE CITY ATTORNEY ziazai { F L O R I D A it t ARNOLD M. WEINER ' oma P O. BOX o CITY ATTORNEY L�gEH2 � MIAMI BEACH,FLORIDA 3311 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NC 2.7 Pq TO: Mayor Alex Daoud and DATE: June 21, 1989 Members of the City Commission City Manager Rob W. Parkins FROM: Arnold M. Weiner;�- >i.\„'�{, City Attorney RE: CHAPTER 41 ARTICLE II MIAMI BEACH CITY CODE: TAX ON INSURANCE BUSINESS Chapter 41 Article II of the Miami Beach City Code governing Tax on Insurance Business provides for a tax to be imposed on insurance businesses for the benefit of firemen and policemen pursuant to Florida Statutes Chapters 175 and 185. The excise tax for the benefit of firemen amounts to two per cent (2%) of the gross amount of receipts or premiums from policy holders on all premiums collected on fire and tornado insurance policies covering property within the city. The excise tax for the benefit of policemen amounts to one per cent (1%) of the gross amount of receipts of premiums from policy holders on all premiums collected on casualty insurance policies covering property within the city. Florida Statutes Chapters 175 and 185 have been amended to reduce the percentage amounts available for Fire and Police Pension Funds from two per cent (2%) for firemen to 1. 85% and from one per cent (1%) for policemen to .85%. As such Miami Beach City Code Sections 41.28 and 41. 32 are being amended to reflect the Florida legislature' s• changes. Accordingly, the attached proposed amendments are ready for Commission review. . 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